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(영문) 대구지방법원 2013.06.27 2012고단8815

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The Defendant determined that it would be able to gain a large amount of profit when investing in the apartment project in the apartment project that is in progress in the Simpo-dong in the Simpo-dong, but it was not enough to invest in the above project, and the victim D who intended to purchase the land from the implementer (C) who works for the Gumpo-dong in order to make a false statement as if the business funds of the above company fall short of the business funds of the above company and to raise an investment

On June 1, 2011, the Defendant made a false statement to the effect that “If the Defendant borrowed money in the amount of KRW 100 million is needed due to a shortage of company funds, the Defendant would repay the money without delay until November 11, 201, which is the time limit for the intermediate payment of the land sold by the victim, by November 201, 201, through F, which knew of these circumstances and introduced the victims.”

However, as above, the Defendant borrowed money for the purpose of using it as an investment in the apartment project for the implementation of the apartment project, which is entirely unrelated to the above event, and even if it borrowed money from the victim due to the lack of any other means of repayment, the Defendant did not have any intent or ability to repay within the above time limit. In fact, 60 million won out of the money borrowed from the victim as an investment in the project for the implementation of the apartment project for the above time limit was actually used for the above time limit, and the remaining 30 million won was used for all personal purposes, such as lending to another person.

Nevertheless, the defendant deceivings the victim as above, and thereby deceiving him from the victim on July 20, 201, and the same year.

8. Oct. 30, 100 won and Oct. 20, 2000 won were remitted and acquired 90 million won in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. A complaint;

1. A specification of transactions;

1. A land sale contract;