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(영문) 서울중앙지방법원 2014.11.11 2014고단2786
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 201, 2011, the Defendant, around July 201, presented a false statement of the number of number of number of number of number of number of number of number of number of number of number issued E to the victim, who had been engaged in usual money transactions at “D” singing rooms operated by the victim C, the first floor of the Seocho-gu Seoul Metropolitan Government B building underground, stating that “If the victim received this number of number of number and borrowed 20 million won, he/she would make repayment without including 10 million won in default.”

However, although the defendant owned a loan equivalent to 500 million won, there was no intention or ability to repay the loan even if he borrowed money from the victim because various debts, including financial rights, are much more and more debts, and taxes are in arrears.

As above, the Defendant, by deceiving the victim as above, obtained 1,6850,000 won from the victim, deducting 3,150,000 won as a prior interest from the victim, and acquired it by deception.

2. On June 7, 2012, the Defendant provided a fake promissory note in the G cafeteria operated by the victim C in Seocho-gu Seoul, Seoul, on June 7, 2012, to the effect that “this promissory note is a properly received promissory note. If the Defendant borrowed KRW 10 million prior to the receipt of this promissory note, the Defendant would pay KRW 5 million later, taking into account the interest and interest that he/she had borrowed and not repaid.”

However, the above Promissory Notes did not acquire the said Promissory Notes as a proper transaction with the term breathbbing note, and there was no intent or ability to repay the said Promissory Notes even if they borrowed money from the victim due to the excess of the obligation as above.

As above, the defendant deceivings the victim as above, and thereby acquired 10 million won from the victim's position.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant and the C statement thereof;

1. Statement to the Prosecutor's Office;

1. C.

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