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(영문) 대전지방법원 2015.11.05 2014고단2285

사기

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 2, 2011, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Daejeon District Court, and the judgment became final and conclusive on the 10th of the same month, and on January 23, 2014, the Daejeon District Court sentenced ten months of imprisonment with prison labor for a crime of false accusation, etc. on the 10th of the same month. The judgment became final and conclusive on June 6, 2014.

On October 5, 2009, the Defendant: (a) at the “F’s house, the victim’s complaint (F) of Yeonsu-gu Incheon E Apartment 107 Dong 403, 2009, the Defendant did not find cash by combining the amount of KRW 19 billion with the relationship under trial due to tax issues and the violation of the Financial Transactions and Credit Management Act; (b) introducing and introducing a person who operates real estate or is aware of good land because the amount of tax estimate deposit can be purchased; (c) how the land in question can be KRW 7 billion in a gold year; (d) how the land in question would be KRW 5 billion in a gold year; (e) whether the two land was not purchased; (e) whether the two land was not purchased; and (e) if the money was loaned to the other land, the money would be repaid immediately after the day.”

However, the defendant did not have the intention or ability to repay the borrowed money even if he borrowed money from the victim because he did not own the ownership of 19 billion won in the deposit passbook.

Nevertheless, on October 8, 2009, the Defendant was issued KRW 92,502,200 in total on 36 occasions as shown in the crime sight table (excluding No. 3 per annum) from around May 10, 201, by deceiving the victim as above and receiving KRW 10 million from the victim as the loan borrowed around October 8, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Each protocol of suspect examination of the accused by the prosecution (including the F and each substitute part of the G);

1. A complaint;

1. A specification of transactions;

1. A statement of trading, etc.;

1. Previouss before and after judgment: A statement of inquiry, such as a copy of each judgment, criminal record, etc., a criminal investigation report (Attachment to the judgment concerned), and a criminal investigation report.