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(영문) 서울중앙지방법원 2014.10.16 2014고단2242
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 12, 2007, the Defendant stated on the part of the attorney-at-law office operated by the victim D in Seocho-gu Seoul, Seocho-gu, Seoul, that “A contract for access roads to golf clubs located in the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do

However, the Defendant did not have concluded access roads to golf clubs located in Cheong-do, Cheong-do, and did not have any intent or ability to complete payment even if the Defendant borrowed money from the victim due to no particular revenue or property.

Nevertheless, the Defendant, by deceiving the victim as above, received 10 million won from the victim to the deposit account (E) in the name of the Defendant in the name of the national bank (E) under the name of the Defendant at the time of borrowing from the victim, and then, from around that time to December 6 of the same year, remitted or acquired a total of 38 million won from the victim on six occasions, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Each legal statement of witness D and F (excluding part of the F's legal statement which is not trusted in part);

1. A protocol concerning the examination of partially the accused by the prosecution (including DNA statements);

1. Investigation report (to G telephone conversations for reference);

1. Copy of the loan certificate;

1. A copy of confirmation of fact, or of intent to purchase;

1. Inquiry into the details of liquidity transactions;

1. Answers to requests for cooperation with investigation;

1. Application of Acts and subordinate statutes concerning the current state of persons unregistered for the ownership of land by individual;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. As to the Defendant’s assertion on Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders, the Defendant trusted H and F, which promoted a construction contract for golf courses located in Cheong-do, Chungcheongnam-do, and borrowed money from the victim, and provided the money together with the money of the Defendant to F, but the F is the wind that the said money and the money of the Defendant used for other purposes.

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