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(영문) 대전지방법원 2013.03.21 2012고단2893
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 21, 2011, the Defendant made a false statement to the victim D, at Kindo, where it is impossible to know the trade name in Suwon-gu, Suwon-gu, the Defendant: “C is unable to pay money as there is no good game; “I will not pay money as there is no good game.” In addition, I would like to see the law by obtaining a house in a river. In addition, I would like to see the tax amount of KRW 20 million among the tax amount of KRW 60,000,000,000,000,000 won as per party’s daily living expenses, and would make a loan for KRW 40,000,000 as interest per month.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay the borrowed money.

As such, the Defendant, by deceiving the victim as such, received KRW 2 million from the victim as the borrowed money immediately, and received KRW 38.5 million in the victim’s house in Suwon-gu, Suwon-gu, on July 20, 201, and acquired KRW 40.5 million in total, and acquired it by defrauded.

Summary of Evidence

1. Entry of the defendant in part in the first trial order;

1. Statement made by witnesses D in the second protocol of the trial;

1. Legal statement of witness F;

1. Protocol of the police statement concerning G;

1. Application of statutes governing a real estate sales contract or certified copy of register;

1. The defendant and his defense counsel's assertion on the criminal facts of Article 347 (1) of the Criminal Code of the pertinent legal provision regarding the defendant and the defense counsel's assertion that the defendant received 40 million won from the plaintiff. However, the defendant's 40 million won out of the purchase price was sold to the victim's house located at the time of the East Sea owned by the defendant in the amount of KRW 70 million, and 30 million out of the purchase price was replaced by the amount of KRW 30 million for the defendant's debt owed to the victim at the time, and the defendant received the remaining KRW 40 million from the victim, and 50 million was received at the oil value remaining in the above house, and there was no deception.

According to the evidence duly examined, I, as the defendant, will come to the East Sea on April 1, 2010.

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