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(영문) 대전지방법원 2013.10.29 2013고단2320
사기
Text

Defendant

B Imprisonment with prison labor of 6 months, Defendant A shall be punished by a fine of 2,00,000 won.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

B around March 2012, around KRW 80,000 and KRW 40,000,000 for the third party and the debt of KRW 40,000 for the victim D were urged by the victim. The defendant B, with the knowledge that he would not lend money to the victim, requested the defendant A to use money if he borrowed money from the victim. The defendant A knew that he borrowed a large amount of money from the victim and he was not able to repay it, while he had the knowledge that the defendant B borrowed money from the victim and was not able to repay it, he had the defendant B borrowed money from the victim with the victim and had the defendant B.

Defendants need money in the residence of Defendant B, which was located in Daejeon Seo-gu E Apartment 301 Dong 702 around March 29, 2012, and Defendant A requires money to use money to the victim “as soon as he or she is friendly.”

If the husband is attending an insurance company and the husband works in the university, and if B lends 30 million won as joint and several sureties, the same year.

4. To repay the borrowed money without any mold by adding interest up to 25.

Defendant B made a false statement to the victim, and Defendant B made a false statement to the victim, “A’s speech is proper, and apartment is also good.”

The Defendants received 29,400,000 won from the victim, i.e., the KB National Bank Account under the name of Defendant A for a loan from the victim.

As a result, the Defendants conspired to acquire the property from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to written confirmation of details of transactions and a copy of borrowed money;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act that apply to the facts constituting an offense, and that of selecting a penalty (a fine to Defendant A, and a fine to imprisonment to Defendant B, respectively);

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 62(1) of the Criminal Act provides that the suspension of execution (Defendant B) shall be carried out.

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