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(영문) 의정부지방법원 2014.09.24 2013고단1998
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On March 9, 2011, the Defendant told the victim C to the effect that “I will pay the principal within 2 months after making an investment in the computer business if I lend money to the victim”.

However, even if the Defendant borrowed money from the victim, it was thought that the Defendant would invest in the shares of the victim, and at the same time, he/she was liable to pay a total of KRW 64 million,000,000,000,000,000,000,000,000,000,000 won, and there was no economic surplus if he/she paid interest on the said debt due to no particular property or income other than the amount of KRW 2,00

Nevertheless, the Defendant received 15 million won from the victim’s account in the name of the Defendant with false statements.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A loan certificate, lease contract, or receipt of a post office passbook (the defendant and his/her defense counsel borrowed money in the idea of investing in the computer business, and they did not have the intention to commit fraud, and they did not have the intent to pay interest on three copies per month, or to pay the principal within two months. ① The defendant registered his/her game producer in his/her name with the name of "D" and registered his/her business as a software development item, but this appears to be merely a position of investing funds, places, names, etc. in the case where the defendant was led by E; ② the defendant borrowed the above money from the victim and actually invested in the computer business; ③ the defendant did not have any money actually invested in the computer business at the time of borrowing money from the victim; ③ The defendant was not in operation (E's statement; the defendant paid KRW 3.5 million to the victim on July 16, 2014).

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