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(영문) 서울중앙지방법원 2014.11.13 2013고정1332
사기
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

On August 12, 2008, the Defendants stated, through F, the victim E’s house located in Seocho-gu Seoul Metropolitan Government D apartment 616, that “The Defendants would receive the fraternity in which the party is operating, and pay the fraternity without a mold after the conclusion that the Defendants would receive the fraternity in the second place.”

However, in fact, Defendant A was in a state of bad credit standing due to overdue credit card payments. Defendant A joined a credit system operated by G, but failed to receive the fraternity payment and pay the fraternity payment. Even if receiving the fraternity payment, Defendant A did not have any intent or ability to pay the fraternity payment even if receiving the fraternity payment from the victim.

Defendant

B had no particular property as a credit bad, and the fact that the Credit Counseling and Recovery Commission should pay KRW 3.70,000 per month, and even if receiving money from his children, it was insufficient to use it as a living expense. Since he joined a fraternity operated by G, he did not receive only the fraternity and did not pay the fraternity, even if he received the fraternity, it was intended to pay the fraternity to the above G, and thus, even if he did not receive the fraternity, there was no intention or ability to pay the fraternity even if he received the fraternity from the victim.

Nevertheless, as seen above, the Defendants: (a) by deceiving each victim; and (b) transferred 4.1 million won to the Agricultural Cooperative Account in the H’s name managed by G from the victim; and (c) obtained each of the said money from the victim.

Summary of Evidence

1. Defendants’ respective legal statements (the 12th trial date);

1. The legal statement of witness G (the 11th trial date);

1. Statements made by witnesses G in the fourth trial records;

1. The statement in the court statement of the witness F (with respect to the defendant B), and the statement in the protocol of examination of witness concerning the witness F of this court (with respect to the defendant A);

1. The witness E's statement in the third protocol of trial shall be recorded in the defendant B.

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