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(영문) 대전지방법원 홍성지원 2012.07.25 2012고단97
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On January 2, 2008, from around September 30, 2010 to around September 30, 2010, the Defendant issued a false statement to the victim F in Gwangjin-gu, Seoul Special Metropolitan City, stating that “I will pay the interest on five parts per month and pay the money without molding the money to the victim F. I would like to say that I would like to say that I would pay the money to the victim F. I would like to say that I would like to say that I would like to say that I would make it difficult to explain this right, but I would like to participate in this interest and make an investment in military payment. I would like to say that I would like to pay the money to the victim.”

However, at the time, the defendant was not in charge of transaction with the defense industry enterprise or related interest coupons, and even if he borrowed money from the victim with approximately KRW 500,000,000, the defendant did not have any intention or ability to pay the money.

The Defendant received KRW 8 million on the same day from the victim as the loan money, KRW 8 million on August 21, 2009, KRW 2 million on September 10, 2009, KRW 2 million on September 21, 2009, KRW 10 million on September 24, 2009, KRW 6 million on September 25, 2009, and KRW 36 million on September 25, 2009, as indicated in the attached list of crimes, from April 3, 2009 to August 2, 2010, and received KRW 101,814,743, and acquired property benefits from the victim on six occasions in total from around three occasions, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The first prosecutor examination protocol against the accused;

1. The third protocol concerning the examination of the suspect against the defendant;

1. Each police statement made to F and H;

1. A copy of each loan certificate;

1. A copy of a notarial deed;

1. Copies of the details of the agricultural transaction;

1. A copy of a loan transaction agreement;

1. A copy of loan certificate;

1. A copy of written confirmation of transactions;

1. A copy of the statement of agricultural transaction;

1. Copies of loans made by national banks;

1. A copy of an inquiry about liquidity details;

1. A copy of deposits without passbook; and

1. Copies of details of the national card use;

1. Copies of the use of the Nonghyup Card;

1. The details of the use of the SK Card.

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