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(영문) 대전지방법원 2014.03.27 2013고단4475

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 201, 201, the Defendant stated to the effect that “A victim shall repay the amount after two months if he/she lends money to the victim D,” at the beana plant located in Gangseo-si, Chungcheongnam-si, Seoul, the Defendant’s operation of the Defendant.

However, at the time, the Defendant was registered as the so-called “credit bad person” in a financial institution without any property otherwise and had no intent or ability to repay the amount in time even if he borrowed money from the victim because the operation of the above factory is not good.

Nevertheless, the Defendant, as above, makes a false statement to the victim, and received 6 million won from the victim to the Saemaeul Fund in front of the Jungnam-dong, Gangnam-gu, Gangnam-gu, and acquired 6 million won as the borrowed money from the victim.

2. On November 18, 201, the Defendant made a false statement to the same effect as the victim in the above bean estate factory, and obtained 2 million won from the victim as the borrowed money and acquired it by fraud.

3. On January 30, 2012, the Defendant made a false statement to the same effect as the victim in the above bean estate factory, and obtained three million won as a loan from the victim and acquired it by deception.

4. On April 21, 2012, the Defendant made a false statement to the same effect as the victim in the above bean estate factory, and obtained 1,200,000 won from the victim as a loan, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses D in the third protocol of the trial;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (in consideration of the fact that partial damage has been recovered);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;