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(영문) 대전지방법원 홍성지원 2013.07.03 2013고단97

사기

Text

A person shall be punished by imprisonment with prison labor for not less than four months with prison labor for a crime of No. 2 as stated in the judgment of the defendant.

Reasons

Punishment of the crime

On July 25, 2008, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for a crime of violating the Punishment of Tax Evaders Act at the Daejeon District Court on July 25, 2008, and operated D Co., Ltd in Boli-si C.

1. On February 10, 2006, the fraud defendant made a false statement that "on February 10, 2006, at the defendant's home located in Boan-si, Boan-si, it is necessary to pay taxes to the victim F. It is necessary to pay taxes to the victim F. When lending KRW 30 million. When lending KRW 30 million, the defendant would pay the money without the mold."

However, at the time, the Defendant did not have any intent or ability to complete the payment even if he borrowed money from the victim, on the grounds that the Defendant did not have any intention or ability to complete the payment, even though he did not borrow money from the victim, as the Defendant was subject to seizure of H apartments on one other, G, and one parcel of land from the Sinsi-si.

The Defendant received 30 million won as a loan from the victim, i.e., the victim.

2. Around August 13, 2008, the fraud defendant, at the defendant's house located in Bosa City E around August 13, 2008, told the victim F to the effect that "on the part of the defendant's house located in Bosa City, "on the part of the registration to acquire the apartment house attached to the subsidiary theft construction company, and on the part of August 2008, if the defendant borrowed the amount exceeding KRW 10 million until the end of August 2008, the defendant would make a total sum of KRW 30 million and repaid the amount of KRW 40 million."

However, at the time, the Defendant did not have any intent or ability to repay the borrowed money from the victim for the same reason as the above Paragraph 1.

The Defendant received 10 million won as a loan from the victim, i.e., the victim. at the seat.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. Two copies of a loan certificate;

1. Investigation report (I on the investigation of another excursion ship);

1. Investigation report (report attached to the register of H apartment house);

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment to attached records of the same kind of ruling);

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