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(영문) 전주지방법원 정읍지원 2016.03.29 2015고단510
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 28, 2012, the Defendant, at around 17:00 on June 28, 2012, the Defendant, at the head of the Defendant’s office located in Yandong-gu Seoul Special Metropolitan City, Chungcheongnam-do, Seoul Special Metropolitan City, would have leased a building to repair the underground room of the second floor building owned by him/her, and then receive the security deposit.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to complete the payment even if he borrowed money from the damaged party due to no particular income or property.

Nevertheless, the Defendant received 30 million won from the injured party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 18, 2014, the Defendant would receive a deposit from a new tenant if the Defendant borrowed the second floor tenant of the building owned in the Republic of Korea to return the deposit due to the expiration of the contract, and the amount of KRW 15 million to the victim F. The Defendant would receive the deposit from the new tenant if he/she borrowed the loan.

“False speech was made to the effect that it was “.”

However, the defendant did not have any intention or ability to complete the payment even if he borrowed money from the damaged party due to no particular income or property.

Nevertheless, the Defendant received 15 million won from the injured party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. The statement of F in the protocol of interrogation of the suspect against the accused, and each police statement of F in relation to F;

1. Investigative reports (attaching text messages containing victim Handphones), content of text messages, investigation reports (a certified copy of donations, such as attaching certified copies of donations);

1. Application of Acts and subordinate statutes to the loan certificate and the statement of victim passbook;

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

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

1. Suspension of execution;

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