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(영문) 서울중앙지방법원 2016.07.05 2014고단8553
사기
Text

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

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On May 14, 2013, the Defendant committed the crime on May 14, 2013, at the mutual inf shop located in the Gangnam-gu Seoul Metropolitan Government F commercial building, “If he/she lends money to B, he/she shall pay interest on two occasions, and the principal shall be repaid without a mold until November 2013.

The phrase “ makes a false statement.”

However, in fact, there was no property under the name of the defendant except two million won monthly income, and even if the total balance of the bankbooks under the name of the defendant was merely 4,117,534 won and the defendant borrowed money from the injured party on May 13, 2013, there was no intention and ability to repay it.

The Defendant was transferred 20 million won to the National Bank Account (G) in the name of the Defendant from the victim as the borrowed money.

Accordingly, the defendant acquired the victim's property by fraud as above.

2. On July 26, 2013, the Defendant committed the crime on July 26, 2013: (a) prior to the departure of 1st Station in the subway Gangnamdong, Gangnam-gu, Seoul, the Defendant lent money to the said victim prior to the said victim “on the part of the public official who was in a public official, and the said person was in need of selling the land, he/she would lend the money to the said person for the interest twice a month; and (b) the principal shall be liable until January 2014.

The phrase “ makes a false statement.”

However, the fact is that there is no property in the name of the defendant except two million won monthly income, and the total balance of the bankbooks in the name of the defendant was only 1,168,171 won around July 25, 2013, and the money received from the victim was lent to a person other than the above public official, so even if the victim borrowed money from the victim, there was no intention and ability to repay it.

The Defendant was transferred 50 million won to the national bank account (G) in the name of the Defendant from the victim as the borrowed money.

Accordingly, the defendant acquired the victim's property by fraud as above.

Summary of Evidence

1. The defendant's partial statement in court (the statement at the seventh trial date);

1. Entry of a defendant in part in the protocol of second public trial;

1. The trial records are in the third trial records;

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