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(영문) 대전지방법원 홍성지원 2013.06.28 2012고단1119

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim C and the friendship who was known to him.

At the time, the Defendant, as a bad credit holder, lost even in the lawsuit related to the right of retention that the Defendant brought on behalf of D, and there was no intention or ability to repay the borrowed money within lock due to the lack of sexual intercourse between the interior company and the construction company that the Defendant was doing so.

1. On January 8, 2012, the Defendant, by deceiving the victim, who was stopped on the front road of the F Middle School located in Chungcheongnam-gun Hong-gun, Hongsung-gun, from the victim, “I wish to borrow it immediately. I wish to do so,” and received KRW 30 million from the victim, to the account used by the Defendant (agricultural Cooperatives G) following that day.

2. On January 12, 2012, the Defendant deceptioned the victim that “The Defendant shall pay the victim a lump sum of KRW 30 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

As a result, the defendant deceivings the victim and received a total of KRW 40 million over twice.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Some of the suspect's interrogation records on the accused by the prosecution (including the C substitute part);

1. Application of Acts and subordinate statutes to investigative reports (attached specifications of transactions);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The judgment of the Defendant and the defense counsel regarding the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 2006Da14488, Apr. 2, 2008) is only appropriate where the Defendant borrowed money from the Defendant to pay back money to the Defendant.