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(영문) 의정부지방법원 고양지원 2016.04.12 2015고단2578

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. When the debt increases due to the business being not good while the Defendant leased the 4th floor of the building in Pakistan and operating the 4th floor of the building in Pakistan, the Defendant had the victim D introduced through the Subdivision with the intention to borrow money as security for the lease deposit of the above commercial building.

On July 1, 2014, the Defendant provided a victim with the above commercial building on July 1, 201, and the fact was that the deposit of the above commercial building was not 100 million won, but was actually not paid more than 10 million won. In addition, the above deposit was set-off because it was impossible to pay monthly rent, etc., and the Defendant did not have any intention or ability to repay even if he borrowed money from the victim because he did not have any other obligation equivalent to 60 million won without property. However, even though the Defendant borrowed money from the victim, the victim made a false statement that “I would pay the leased deposit of the main store operated by the Plaintiff by November 30, 2014 if he borrowed money as collateral, the victim shall be entitled to receive the money from the victim on July 2, 2014.”

2. On August 20, 2014, the Defendant called the victim as stated in the preceding paragraph, and, even if he/she borrowed money from the victim, he/she did not have an intent or ability to receive a fraternity payment and to repay it, the Defendant acquired money from the victim with the victim’s account in the last day of August, 2014, stating that “If he/she borrowed 28.5 million won in advance at the end of August, he/she would immediately receive a fraternity payment, and then acquired money from the victim to the account in the name of the Defendant.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made with respect to D or F;

1. Application of Acts and subordinate statutes on loan certificates and real estate lease contracts;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act: