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(영문) 대전지방법원 천안지원 2014.09.25 2013고단1766
사기
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

The Defendant did not have any debt equivalent to KRW 300,00,000,000, and there was no particular property. Since the Defendant was planned to use the revenue from July 2, 2012 to pay other credit payments, even if he borrowed money from the victim, he did not have any intent or ability to repay it. However, if the Defendant lent 60,00,000,000 won to the victim E in Dong-gu, Chungcheongnam-gu, Seoul, on June 9, 2012, the Defendant borrowed 60,000,000 won to the victim, the Defendant would pay the full principal until July

‘Falsely speakings to the effect that it was obtained 60,000 won from the victim to the corporate bank account in the name of Puu-Sa Co., Ltd. under the pretext of borrowing money from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the suspect interrogation by the prosecution and each police officer against the accused (including the part concerning the statement of the E substitute statement);

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the head of the specification of transactions, such as borrowing certificates, details of transactions in deposit and withdrawal, investigation reports, G telephone calls for reference;

1. Article 347(1) of the relevant criminal facts, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, and Article 347(1) of the Act on the Punishment of Criminal Offenses has no record of being sentenced to punishment in addition to minor fines, and most of the prices of the goods have been paid in the course of trading the victim's ordinary livestock products, and the instant case appears not to be intentional or planned for the victim, and deposit KRW 13 million for the victim, and prepare a notarial deed for the purpose of agreement, the record denies the intention of the Defendant's defraudation, even though there is no difficulty in recognizing the Defendant's criminal intent, and even though the full bench has given the Defendant an opportunity to agree on several occasions, it is necessary to strictly punish the Defendant, which is equivalent to its liability.

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