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(영문) 서울서부지방법원 2014.11.21 2014고단2175
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On August 24, 2007, the Defendant stated that the “K Health Center” operated by the Victim J in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, would lend the victim the amount of KRW 2 million of the university registration fee of his father and wife to the victim without any molding it until December 2007.”

However, the defendant's father and wife did not attend the university, and even if they borrowed money from the victim due to no particular income at the time, they did not have the intention or ability to pay the money normally.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 2 million from the victim to the new bank account in the name of G, his wife, under the pretext of borrowing money.

In addition, from that to April 14, 2010, the Defendant received 30,072,772 won in total over 39 times as the borrowed money as shown in the attached list of crimes.

2. On July 2009, the Defendant made a false statement to the victim M at the Defendant’s office located in Incheon L, stating that “I will pay the pharmacy name or shares if I lend money. I will pay I will pay I will pay I will pay I will pay without mold within one month. I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay without mold.”

However, the defendant did not have any intention or ability to pay the amount normally even if he borrowed money from the victim due to no particular income at the time.

Nevertheless, the Defendant, by deceiving the victim as such, obtained 10 million won in early August 2009 from the victim for the purpose of borrowing, and acquired 17,200,000 won in total from the victim on August 26, 2009, 2 million won in August 27, 2009, around August 28, 2009, KRW 200,000 won in around August 28, 2009, KRW 2 million in September 8, 2009, and KRW 100,000 in around September 10, 209, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement to J;

1. Each protocol of the police interrogation of the accused (including cross-examination);

1. Statement of police statement to M and J;

1. Each complaint, each written confirmation of financial transactions and each written statement of transactions shall be governed by the statute;

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