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(영문) 대구지방법원 경주지원 2015.01.29 2014고단487
사기
Text

Defendants shall be punished by imprisonment for one year.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 2007, the Defendants conspired with Defendant A, in the office of Defendant A, who was in Sindong-si, said that “The Victim F would establish and operate a screen golf course in the Yongsan-dong, but did not open business due to the lack of equipment cost.” If the Defendants borrowed KRW 100 million, the Sports Promotion Fund would receive money from the Defendant and pay it immediately.”

However, in fact, Defendant A was a person with bad credit standing and was in the absence of any property, and Defendant B was unable to receive a loan from the Sports Promotion Fund due to the absence of any specific property, so the Defendants did not have the intent or ability to repay the loan even if they borrowed money from the victim.

The Defendants are written in the name of Defendant A’s wife G with the account in the name of Defendant A used by Defendant A from the victim, as follows: (a) KRW 50 million on July 27, 2007; and (b) on the indictment in 2007, it is obvious that the Defendants are written in writing, but it is obvious that they are written in writing.

A person shall be appointed.

8. 24.47.5 million won was remitted.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness F and H;

1. Each police statement made to F and H;

1. A complaint;

1. The loan certificate;

1. Each certificate of personal seal impression;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment concerning the facts constituting the crime: Article 347 (1) of the Criminal Act;

1. Defendants in a suspended sentence: Article 62(1) of each Criminal Code (which is reasonable, but is 21 million won until now, Defendant A repaid 21 million won to the present, Defendant B’s provisional seizure of wages at the present of Defendant B by the victim is expected to continue to reach and continue to increase in the future. After the closure of the pleadings, Defendant A’s deposit of KRW 3.5 million and the amount acquired by the defrauded is likely to be recovered almost after the completion of the pleadings, all the Defendants do not have the same criminal record, age, character and conduct, etc. of the Defendants)

1. Defendants of the community service order: Article 62-2 of the Criminal Act

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