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(영문) 부산지방법원 2013.12.24 2013고단5574

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

On September 25, 2006, the Defendants, as married couple, told the victim E in the family of the victim E, the Da apartment 1311 Dong Dong-gu, Busan, Seo-gu, Busan, that “it is not sufficient money to purchase the F apartment. It is not sufficient to pay KRW 100 million within one month from the loan.”

In fact, Defendant B had no income, and Defendant A had an obligation of KRW 180,000,00 to purchase apartment houses with loans, bonds, etc., and there was a need to use the loan money as principal and interest of interest, living expenses, etc., and thus, Defendant A did not have any intent or ability to complete payment even if he borrowed money from the victim.

Nevertheless, the Defendants conspired to deception the victim as above and acquired KRW 100 million on the same day from the victim, thereby deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act

1. Defendant B who has suspended the execution: Article 62 (1) of the Criminal Act (including the fact that the defendant has been on the contrary and is sentenced to the defendant A who is the husband);