(영문) 수원지방법원 성남지원 2014.04.18 2013고단2466

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(영문) 수원지방법원 성남지원 2014.04.18 2013고단2466

사기

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around May 5, 2011, the Defendant borrowed money from “D” restaurants located in Dongjak-gu Seoul Metropolitan Government, and the Defendant borrowed money from “D” E, etc. in which the monthly income is less than two million won, due to lack of living expenses, etc., so the Defendant was not able to pay the sum of 1.6 million won or two million won per month for four old accounts among the serial lines operated by the victim F as a leader. Even though the Defendant did not intend to receive the fraternity from the victim, he did not have the intent to pay the fraternity, the Defendant was able to pay all the fraternitys if he/she subscribed to the four old accounts. However, he/she was intending to subscribe to the four old accounts, and he/she was obtained from the victim the victim the sum of Nos. 3, 9, 11, 12, and 400,000 won among the serial lines until May 30, 2012.

2. Around May 10, 2011, the Defendant borrowed money from E, etc. with monthly income of less than two million won and with knowledge of daily living expenses due to lack of living expenses. As such, the Defendant did not have the ability to pay the sum of 1.6 million won or two million won per month for the four previous units among the serial lines operated by F as a leader by F as a leader. Although the Defendant did not intend to receive the fraternity from the victim, the Defendant did not have the intent to pay the fraternity after receiving the fraternity, the Defendant shall pay all the fraternitys to the victim if he subscribed to the four previous units. However, the Defendant made a false statement to the effect that “I would subscribe to the four previous units, but I would have allocated it early,” and then, she obtained from the victim the sum of the credit numbers Nos. 5, 8, 11, 12, and 400,000 won from the victim to May 30, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police suspect interrogation protocol against the accused (including the F Opinion in the second protocol, and E in the third protocol);

1. The statement by the police of F. F. The statement

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