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(영문) 수원지방법원 안산지원 2013.07.24 2013고단458
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, who operates a secondhand export company with C’s trade name, was in a state of absence of sales from the export margin from July 201 to the export margin, and had already been in a state of 30 million won of personal debt to D. Therefore, even if the Defendant borrowed money from others, the Defendant did not have any intention or ability to complete payment.

Nevertheless, at around 18:00 on August 22, 2011, the Defendant made a false statement to the effect that “The purchase fund of vehicles for export is required. If the vehicle is lent, it will be repaid as exported.”

The Defendant received 11,500,000 won from the victim as the borrowed money immediately from the victim to the account of the community credit cooperatives (F) in the name of the Defendant.

From around that time to November 17, 2011, the Defendant received a total of KRW 69,500,000 through eight times, as shown in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the record of the E statement);

1. Statement of the police statement of E;

1. A complaint;

1. A list of savings deposit transactions;

1. Application of statutes to the certificate of value-added tax base, credit report, and contract;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

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