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(영문) 대구지방법원 김천지원 2013.08.22 2013고단473

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On December 2, 2009, the Defendant was sentenced to a suspended sentence of three years in one year and six months, and the judgment became final and conclusive on the 10th of the same month.

【Criminal Facts】

On April 23, 2008, the Defendant changed the land located in Seogdong-si, Seoul to land for a factory, and made a loan of KRW 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000).

However, the Defendant set up in advance E and F as partners with respect to one billion won to be loaned from a financial institution, and the user did not include the content that the Defendant paid out KRW 380 million to the victim, but at the time of borrowing the above money from the victim, the Defendant did not pay KRW 4 billion to the financial institution, KRW 400 million, and KRW 40 million, and KRW 450 million, monthly interest on the loan was not paid to the financial institution, and the Defendant did not pay KRW 250,000,000,000 which was borrowed from the previous victim. In fact, even if he borrowed the above money from the victim, there was no intention or ability to pay it immediately.

On April 25, 2008, the Defendant, by deceiving the victim as such, received KRW 112 million from the victim via the old agricultural cooperative deposit passbook.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and G;

1. Statement of the police statement concerning F;

1. A certified copy of the loan certificate and a statement of transactions;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Criminal facts;