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(영문) 인천지방법원 2013.11.27 2013고단3855
사기
Text

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

except that 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

1. At around 15:00 on February 5, 2009, the Defendant made a false statement to the victim D’s “C Research Institute” in the office of the victim D, “If the land owner purchases and sells a high-priced vehicle with the secured high-priced vehicle at a low price than the present price at a fixed price, there will be a lot of profits within a short time. If the purchase price of the vehicle is lent, 5% interest per month will be paid within four months along with the honorarium.”

However, from 2006, the Defendant did not have any specific property in the name of the Defendant in bad credit standing, and even if he borrowed money from the victim D, he did not have any intent or ability to repay it.

Nevertheless, as above, the defendant deceivingd the victim D and obtained 10 million won cashier's checks from the victim D, that is, i.e., 30 million won, and 30 million won in total from the victim D.

2. On August 2, 2010, the Defendant made a false statement to the victim F, “I will pay interest at an interest rate of KRW 500,000,000,000 to one month, if I lend money that is less than KRW 10,000,000 to newly purchase the second class E apartment at KRW 2213, 1505, 201.”

However, the facts did not have the intention or ability to repay the borrowed money from the victim F, such as the statement in paragraph 1.

Nevertheless, the Defendant, as seen above, by deceiving the Victim F, received from the Victim F, i.e., remittance of KRW 10 million from the Victim F from the Victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police with regard to F and D;

1. Application of Acts and subordinate statutes on a loan certificate, passbook copy, and money borrowed certificate;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. Article 62(1) of the Criminal Act provides that a suspended sentence shall be limited to the victim D.

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