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(영문) 수원지방법원 평택지원 2015.05.14 2014고단1041

사기

Text

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

Reasons

Punishment of the crime

From August 6, 2008, the Defendant borrowed a total of KRW 49.4 million from the victim D's office, etc. in Geumcheon-gu Seoul Metropolitan Government to receive money from the victim in the construction project, etc. that he/she is participating in. From December 7, 2012, the Defendant borrowed KRW 32,00,000,000 from the victim in total, as shown in the crime list.

However, there was no fixed progress in the business in which the defendant was involved, and at the time, the defendant was in a bad credit standing without certain income and property, and even if he borrowed money from the victim, he did not have the intent or ability to repay it to the victim.

After all, the defendant, by deceiving the victim, obtained a total of 49 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of the witness witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. A complaint;

1. Photographs of his check;

1. Kakao Stockholm messages;

1. In light of the following facts: (a) the Defendant: (b) the victim, who was a one-year university from August 6, 2008 to December 7, 2012, was involved in the construction of the building, construction of the power plant in Mongolia and Mongolia, gold trading business, and unification land trading business, etc.; (c) the victim, who was a one-year owner of the university, shall be paid a full amount of profits; (d) the victim shall be paid a full amount of 10 billion won, or he/she shall be paid a full amount of 49.4 million won in the face of the 100 billion foot, or he/she borrowed a deposit under the same name as the attached list of crimes, even though he/she borrowed a total of 49.4 million won in the face of the 2015, and the victim has no economic leisure and there is no reason to donate living expenses to the Defendant, it is sufficiently recognized that the Defendant acquired the above money without the intention or ability of repayment).

1. The grounds for sentencing of Article 347(1) of the Criminal Code of the corresponding Article of the Criminal Code for the criminal facts are as follows.