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(영문) 인천지방법원 2013.11.05 2013고단3573
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around March 3, 2011, the Defendant stated that “The victim D will return the principal amount of KRW 60 million on June 30, 2012, when lending money only to the cleaning service business, to use it only for the cleaning service business, to pay KRW 1.8 million per month,” and to return the principal amount of KRW 60 million on June 30, 201.”

However, the facts indicate that the Defendant did not have good economic conditions, such as the Defendant’s obligation to be borne by the Defendant at the time of receiving investment from the victim, and there was no clear plan for the cleaning service business. Even if the Defendant received money from the victim for the purpose of investing in the cleaning service business, he thought that the money was first used for his personal purpose, so even if he borrowed money from the victim for the purpose of using it for the purpose of the compensation for the cleaning service business, he did not have any intent or ability to pay it in time.

On April 15, 201, the Defendant, by deceiving the victim, obtained 60 million won from the victim through the bank account in his/her name and acquired 60 million won through the bank account in his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to a written certification, a written certification (a written agreement), a detailed statement of transaction in the passbook, a list of creditors, a statement of financial position, bankruptcy and a written application for immunity;

1. The defendant and his/her defense counsel on the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, and the choice of punishment, and his/her defense counsel's assertion that the defendant did not have committed deception to the victim, and that the defendant did not have any intent to commit fraud.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case, namely, the Defendant’s KRW 60 million from the victim.

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