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(영문) 춘천지방법원 속초지원 2015.02.04 2014고단280
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around November 2009, the Defendant stated that “Around the same day, the Defendant would have paid back the money borrowed from pine trees to be sold to the victim D in a mutual French shop located in the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu. However, the Defendant would have to pay back the money borrowed from the pine trees to be sold to him/her for a period of three months if he/she borrowed the money to purchase the pine trees to be sold to him/her.”

However, at the time of the fact, not only did the conclusion of a contract for the purchase of pine trees for the establishment of a contract, but also did not obtain permission for the conversion of a mountainous district for the extraction of pine trees with respect to the pine trees of the same clan which the defendant intended to purchase, and since it is unclear whether or not certain members of the above clan purchased pine until the due date for the purchase of pine trees and can repay the principal of the victims by selling it in the future, even if he borrowed money from the victim, it was not sufficient to have the intention or ability to repay the principal until the due date for the payment.

The Defendant received 55 million won as a loan from the victim around that time.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to a certificate of borrowing money, civil judgment, each recording recording, and a copy of the register;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a fine for negligence has been imposed once only on the previous 14 years, that there has been no previous convictions in the same kind, and that a full agreement has been reached with the victim

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