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(영문) 서울서부지방법원 2013.09.11 2013고단1840
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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. The criminal defendant against the victim B is an operator of the "C" export brokerage company, and the victim B is a representative in the name of the above company.

On February 10, 2010, the Defendant stated that “If the Defendant created a passbook and cash card in the name of a party (victim) and lent 5 million won to the victim at the “C office” office of Mapo-gu Seoul, Mapo-gu, Seoul, the Defendant would receive money from the parent-child office for a period of two months.”

However, there is no possibility that the Defendant would receive money from the victim, such as receiving KRW 120 million from the mother-child at the time, and repaying other debts, etc., and thus, the Defendant merely borrowed money from the victim, and there is no other property or income, and there is no intention or ability to repay the money even if the Defendant borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim’s bank account in the name of the victim who was used for lending from the victim on the same day, and acquired money or pecuniary gains worth KRW 81,934,000 in total from January 25, 2013 through 39 times, such as the statement in the list of crimes in attached Form.

2. On November 24, 2010, the victim E, at the same place as the preceding paragraph, the Defendant stated that “If a down payment is required to export machinery and equipment to a foreign country for export of machinery and equipment, the Defendant would make payment six months after a loan of KRW 35 million.”

However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim on the grounds of the preceding paragraph.

As above, the Defendant, by deceiving the victim, received 35 million won from the victim to the one bank account under the above B on the same day, and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the Police Statement concerning B 1.

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