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(영문) 전주지방법원 2013.03.14 2012고단3168

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 29, 2011, the Defendant made a false statement to the effect that, “If the wife of the wife in smuggling is broken and the supply is required, the Defendant would complete payment not later than December 30, 2011, by December 30, 2011, to the victim E, who is a senior high school, who is a fluor of the Dong-gu Seoul Company, by granting KRW 300 million to D, who is the wife of the defendant at the Jeon-gu Seoul Company Jeondong-gu Seoul Company, Seoul Company, Seoul, and managing the apartment as if he/she had one bonds, the Defendant would complete payment by December 30, 201.”

However, at the time, the defendant did not own KRW 300 million or apartment houses, and there was no particular property under the name of the defendant, and the bonds worth KRW 43 million have been used to repay the bonds with the borrowed money from the victim. Therefore, even if he borrowed money from the victim, there was no intention or ability to pay the bonds.

As such, the Defendant, by deceiving the victim as such, received KRW 25 million from the victim on the same day by the passbook of community credit cooperatives (Account Number:F) in the name of the Defendant, from that time until May 31, 2012, and received KRW 50,000,000,000 from that time, as shown in the list of crimes in the annexed list of crimes, from that time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. From among concurrent offenders, the sentence is inevitable in light of the fact that the amount obtained by deceit of this case in the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act is the maximum amount equivalent to 50 million won, and that there is no yet agreement with the victim. However, prior to the instant crime, there is only one time before and after the instant crime, the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the instant crime, and other circumstances that are the conditions for sentencing indicated in the instant records, such as the following circumstances.