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(영문) 의정부지방법원 고양지원 2015.12.22 2014고단1891
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On March 7, 2011, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 100 million as an advance for the exclusive business, 25 million, the sum of the borrowed money will be repaid until then,” the Defendant would be repaid to the victim B from a restaurant in Yang-si, Yangju-si.

However, in fact, the Defendant did not have a plan to conduct the business of developing the Ston Death, and even if he borrowed money from the victim, the Defendant was planned to use the money for the purpose of paying personal debts, and thus did not have any intention or ability to pay the money when using it as business expenses.

After all, the defendant, around March 7, 201, acquired 25 million won from the victim to the agricultural bank account of the defendant for business expenses.

2. On June 10, 201, the Defendant made a false statement to the effect that “A victim B was unable to pay management expenses and electricity, and he did not reach a school because he did not go to do so, to lend money.”

However, even if the Defendant borrowed money from the victim, he did not use it as the cost of living, and as he planned to use it for the purpose of paying personal debts, he did not have any intention or ability to repay it when using it as the cost of living.

After all, the defendant, around June 10, 201, acquired 5.5 million won from the victim to the agricultural bank account of the defendant for living expenses.

Accordingly, the defendant acquired a total of 30,500,000 won from the victim twice.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement No. B in the third police interrogation protocol against the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on a copy of a bankbook, a disbursement statement, and a transaction statement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347(1) of the Criminal Act 1.

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