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(영문) 대구지방법원 2013.12.05 2012고단8629

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 21, 2010, the Defendant stated that “I will complete payment within one year if I would have opened a passbook with a need to pay money to the victim E,” at the office D located in Ulsan-gu, Ulsan-gu, Seoul, that “I would complete payment if I would have borrowed KRW 30 million.”

However, the Defendant did not have any intent or ability to repay the loan even if the Defendant borrowed money from the victim, by paying the interest on the loan solely due to a large amount of 70 million won, such as credit card loans, etc. at the time.

As above, the Defendant, by deceiving the victim, received KRW 30 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the 22th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. A complaint filed by E;

1. Details of transactions of bankbooks;

1. Each investigation report (attaching a credit information inquiry report and a certified copy of the real estate register);

1. Application of Acts and subordinate statutes to credit information inquiry and real estate register;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that there is no previous conviction or fine against the defendant in excess of the same criminal record or fine, the fact that the defendant led to confession of the crime in this case, and the fact that the complaint has been revoked