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(영문) 전주지방법원 군산지원 2013.03.13 2012고단2557

사기

Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 24, 2010, the Defendant made a false statement to the victim D's house located in the Gunsan-si C, stating that "If the Defendant lends money to the victim as he/she is required to undergo an operation at the hospital, he/she will pay interest on five (5) per month, and he/she will repay the borrowed money to the victim at a rapid time."

However, the Defendant, at the time, bears approximately KRW 17 million in arrears, approximately KRW 15 million in arrears, KRW 15 million in personal debts, National Tax Service, military viewing, etc., and approximately KRW 400 million in debts to E and F related to fraud which was rendered a criminal final judgment in around 2006. On the other hand, in the case of the Ha and I Japan-si where G had been placed in a title trust with G, in order to sell the above issues to another person as a professional farmer, G would sell other farmland borrowed from the Korea Rural Development Corporation and actually purchased from the Korea Rural Development Corporation and would have to pay the loans to the rural Development Corporation, and it would not be possible to dispose of the above issues, and there was no other property with no income in bad credit, so even if the amount was borrowed from the victim, there was no intention or ability to use it as repayment of living expenses or personal debts, and there was no intention or ability to borrow the funds.

Nevertheless, the Defendant, as seen above, received KRW 3 million from the victim to the account transfer on the same day from June 17, 2009 to April 12, 2010, by the same method as indicated in the list of crimes in attached Form 7, as well as by deceiving the victim and receiving KRW 24.8 million from the victim.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's partial statement, each police statement on D, details of passbook transactions, detailed statement of transactions, and each investigation report (including each attached document).

1. Relevant Article 347(1) of the Criminal Act concerning the crime, Article 347(1) of the Criminal Act regarding the selection of punishment, and Article 347(1) of the Criminal Act concerning the crime committed during the period of repeated crime, but partial deposit of the amount of