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(영문) 의정부지방법원 고양지원 2015.03.13 2014고단1565

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around July 2012, the victim C made a false statement that “The victim C would help the purchase of an apartment by means of a public auction at a coffee shop near the Yongsan-gu Masan Hospital located in Yongsan-gu, Seoyang-si. In order to do so, the victim C borrowed 13 million won as it is necessary to pay money. When lending money, the victim C would look at the D apartment 907, 907, 902, and receive it through an auction thereafter.”

However, in fact, the defendant did not have the intention or ability to have the victim sell the apartment at the container, and there was no property in the name of the defendant at the time of borrowing the above money, so there was no intention or ability to repay the money from the victim.

Accordingly, the defendant deceivings the above victim.

8.3.Around January 8, 2000 won was remitted to one bank account in the name of E, and KRW 10 million was remitted to G’s credit cooperative account in the name of G.

2. On August 2012, the victim I would pay the principal to the victim I by paying the interest after paying the interest that was incurred in paying the interest on the commercial loan with the borrowed money from the victim I to the victim I in a gold-dong, Pari-si, Pari-si, Pari-si, Pari-si, a loan of 18 million won.

The term "the expression was false."

In fact, the defendant did not have any property under the name of the defendant at the time of borrowing the above money, and there was no intention or ability to repay the money even if he borrowed the money from the victim.

Nevertheless, on the 29th day of the same month from the victim by deceiving the victim, the defendant received 12 million won from the victim to the account of a community credit cooperative in the name of the JJ on the 29th day of the same month, and received 6 million won as a check at the last day of the bank in Goyang-dong-dong-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and I;

1. Application of the second protocol of suspect examination to the defendant prepared by the police;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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