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(영문) 창원지방법원 밀양지원 2014.09.18 2014고단195
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around February 10, 2012, the Defendant made a false statement to the effect that “The Victim B shall manufacture and supply a prefabricated PC car in the Cheong-gun’s Cheong-gun’s Cheong-gun’s business, and if the Defendant borrowed KRW 20 million as expenses, such as personnel expenses, are required, then the Defendant will pay KRW 3 million per month and pay it after one year.”

However, in fact, the defendant's personal debt amounted to approximately KRW 100 million due to C's default operated in the previous operation, and the capital to start the PC car manufacturing business was also insufficient, and since it was not possible to work properly due to the lack of health due to urology, even if the defendant borrowed money from the victim, the defendant did not have the ability and intent to pay the principal.

The defendant was given 20 million won to the victim in his/her job.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes requesting investigation cooperation, such as a complaint, details of passbook, loan certificate, and replys to each investigation cooperation;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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