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(영문) 대전지방법원 2018.02.09 2017고단4509

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

On May 26, 2010, the Defendant was sentenced to eight months of imprisonment for fraud at the Daejeon District Court on May 26, 201, and the judgment became final and conclusive on November 5, 2010.

On February 2, 2008, the Defendant stated that “If business funds are needed and money is loaned to make an investment in real estate, 10 million won shall be repaid immediately.”

However, in fact, the Defendant had personal liabilities of 200 million won or more at the time, and was unable to be relieved of the enemy because the management status of the restaurant operated was not good, and even if there was no special property or import, there was no intention or ability to repay it as agreed upon by the promise, even if the Defendant borrowed money from the damaged party.

In addition, the Defendant, by deceiving the victim, received KRW 10 million from the victim, to the Agricultural Cooperative Account in the name of the Defendant’s wife around February 27, 2008, from the victim, from the victim, and received KRW 10 million from that time.

9. By September 9, 200, a total of 52 million won was received through a total of six times, such as the written list of crimes in the annexed sheet, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (includingB statement);

1. Statement of resignation with respect to B;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (e.g., equity in the case of a judgment at the same time as a judgment becomes final and conclusive, circumstances agreed with the victim, etc.) or more;