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(영문) 대전지방법원 천안지원 2014.10.02 2014고정42

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant became aware of the Victim C through a partner B, and the Defendant was aware of the fact that the victim had a claim for a loan of KRW 9.8 million against B, with the intent to obtain money from the victim;

1. The facts do not have the fact that he purchased a large apartment, and even if he did not have the intent or ability to repay it even with the payment from the victim, on June 2010, the victim called "B shall not receive money from B because he was a bad quality in the river," and he shall not receive money from B. B if he borrowed 5 million won to B, he shall use 100,000 won and receive 9.8 million won from B, and he shall pay 14,80,000 won in total, even if he did not pay the money," and the victim believed that "I will acquire a large apartment in the river, and if he did not pay the money, he shall succeed to the right to sell the apartment, he shall receive the money from the victim with the account in the name of the defendant No. 1035, Jun. 21, 2010.

2. In fact, since there was no fact that the above large apartment was sold in lots, even if the victim did not have the intent to use it as an intermediate payment, and did not have the intent or ability to pay the borrowed money, the victim requested the victim to present the original document related to the sale of the apartment at an irregular place on June 23, 2010, stating that “If 1.5 million won is less than 1.5 million won and the apartment is not sold in lots, 1.5 million won shall be repaid immediately if she borrowed 1.5 million won, she shall be wired from the victim to the above agricultural bank account in the name of the defendant on June 23, 2010.”

Summary of Evidence

1. Each legal statement of witness B and C;

1. Part concerning the second police interrogation protocol concerning the defendant's statement C in the suspect interrogation protocol

1. C.