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(영문) 대전지방법원 공주지원 2017.12.15 2017고단263

사기

Text

(1) A net statement (1) of the crime committed by the Defendant in the judgment of the Defendant in the amount of KRW 1,00,000 for a net crime of KRW 1,00.

Reasons

Punishment of the crime

[criminal records] On January 30, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the public order branch of the Daejeon District Court on February 5, 2015, and the said judgment became final and conclusive on February 5, 2015, and the execution of the sentence was terminated in the public order prison on January 29, 2016.

[Criminal facts] The Defendant, at the office of the victim E, located in D on January 10, 2013, requires the victim to engage in high-speed distribution business, and to purchase pigs.

On October 10, 2013, the loan of money will be repaid until October 1, 2013.

“A false statement” was made.

However, at the time of fact, the Defendant had no intention or ability to repay the debt up to October 10, 2013, even if he borrowed money from the Defendant, because he was scheduled to use the money borrowed from the injured party for the repayment of the debt due to the above bonds, etc. under the circumstance that the debt exceeds KRW 700 million.

Nevertheless, the defendant deceivings the victim as above, and took the victim by deceptioning the total sum of 7 million won through two times as shown in the attached crime list (1) from around the above time to February 12, 2016 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution against E;

1. An application for the issuance of a certificate of borrowing, a list of creditors, a list of amendment bills, a detailed statement of each deposit transaction, a written adjudication of bankruptcy, bankruptcy and immunity;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, text of judgment, application of each investigation report (to file a criminal suspect A fraud case judgment, file a criminal suspect A fraud case judgment, confirmation date of criminal suspect's previous convictions, and confirmation date

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the confession, and is in depth against the defendant.