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(영문) 대전지방법원 2015.08.19 2015고단1152

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The defendant is between victim C and university-friendly relationship.

1. On August 4, 2011, the Defendant called, “Around August 4, 2011, the Defendant called the victim by phone, and “In order to operate D with internal price, and make a loan to facilitate financial transactions. If 9.55 million won is lent in cash, the Defendant issued a coefficient sheet causing the total face value of KRW 10 million, and paid KRW 10 million on January 25, 201.”

However, at the time, the (State) D, which the Defendant operated, was in a hostile state, and the Defendant was not able to pay interest on KRW 640,000,000,000, and even if he borrowed money from the victim, there was no intention or ability to pay the check at the due date of the household check.

A criminal suspect, as such, was accused of the victim and was transferred 9.55 million won to the Agricultural Cooperative Account in the name of the defendant on August 5, 2011 from the victim.

2. On October 2, 2011, the Defendant told the victim by phone and “in order to operate D with internal price and make a smooth financial transaction. If the Defendant borrowed KRW 9.5 million in cash, he/she shall issue a provisional coefficient index with a total face value of KRW 10 million, and shall pay KRW 10 million on January 25, 201.”

However, even if the defendant borrowed money from the victim as stated in Paragraph 1, the defendant did not have the intention or ability to pay the money on the date of payment of the household check.

A criminal suspect, as such, was accused of the victim and was transferred 9.5 million won to the Agricultural Cooperative Account in the name of No. D on October 4, 2011 by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the complainants, copies of household checks, and copies of bankbooks;

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

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

1. Order of community service;