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Reasons
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(영문) 서울서부지방법원 2015.04.02 2014고단2917
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 2012, the Defendant made a false statement to the victim C, stating, “I will immediately repay the money if I lend the money.”

However, in fact, the Defendant had a debt of KRW 120 million at that time, and there was a circumstance in which the Defendant should pay KRW 3 million as interest every month, and it was difficult to pay wages to the employees of the restaurant that he operated, and even if he borrowed money from the victim, there was no intention or ability to pay them properly.

As such, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim on April 5, 2012, and received KRW 133,079,00,000 from that time to October 31, 2012, including the transfer of KRW 1 million from that time.

2. On April 2012, the Defendant made a false statement to the above victim C, stating, “I would like to receive an investment amount at the shop operated by the Defendant at home. I would like to pay a credit card because I would have received an investment after one week, and would have borrowed a credit card.”

However, in fact, even if the credit card is lent from the victim as described in paragraph (1), there was no intention or ability to pay the credit card price.

As such, the Defendant, by deceiving the victim, obtained one copy of Samsung Card, one Hyundai Card, one lot card, one new card, one copy of NH Nonghyup Card, and one copy of one SK Card from April 18, 2012 to November 18, 2012, and acquired the same amount of pecuniary gains by failing to pay the total amount of KRW 36,294,320, as shown in the separate crime list (2) from April 18, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. A copy of each case sent;

1. Each certificate of borrowing and each letter of borrowing;

1. A copy of a specification of transactions;

1. Details of use of each credit card;

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