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(영문) 의정부지방법원 2013.07.12 2013고단658

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On March 21, 201, at E office located in Suwon City, around 11:00, the Defendant concluded that: (a) the victim F loaned KRW 50,000,000 to the E office located in Suwon City; and (b) the victim F of the apartment charter agreement, stating, “In the event that the apartment charter agreement is lent as security; (c) KRW 50,000,000,000 shall be given monthly interest; and (d) the principal shall be paid in full after three months; and (c) the victim shall be paid in full after the completion of the above charter agreement.”

However, the above lease contract is a forged document, and even if the above money was borrowed from the victim, there was no intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received 48.5 million won from the victim to the account of the Defendant G in return for the borrowed money, and acquired it by deceiving the victim.

2. In order to borrow money to F, such as the date, time, place, and time under the preceding paragraph, the Defendant used a forged private document by presenting to F one copy of the forged apartment rental contract in the name of F, stating that “Seoul Special Metropolitan City H building 206 dong 602,” “ deposit KRW 600,000,” and “I and then affixed a seal on I’s name,” in the column of the lessor, as if the document was a document duly prepared.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. An interrogation protocol of police officers against J or G;

1. A reply (I);

1. Application of Acts and subordinate statutes on the lease contract and the loan repayment agreement;

1. Relevant Article 347(1) of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment, respectively;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant was unable to reach an agreement with the victim, or that the defendant led to confession and reflects the crime, and that is in the past.