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(영문) 대전지방법원 천안지원 2016.11.10 2015고단2054
사기
Text

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

Reasons

Punishment of the crime

On January 1, 2014, the Defendant made a false statement to the victim D and the victim E through the Seochoman C, that “it is necessary to get a loan of 25 billion won to take over an officetel in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and 200 million won to take over the loan, and the investor will be entrusted with the sales agency for old-gu. The amount of the investment shall be repaid two months after the payment, the principal shall be paid, the principal shall be paid, and the principal shall be paid 1.5 times as much as the principal and interest shall be paid, and the guarantee of G's guarantee shall

However, even if the Defendant received money from the victims for the purpose of investment, it was thought that the Defendant would use the Ftel acquisition expenses for personal debt repayment, etc., and there was no other personal property. Therefore, even if the victims received money from the victims, there was no intention or ability to pay the principal and interest two months after the signing of the agreement.

Nevertheless, on January 13, 2014, the Defendant: (a) induced victims; (b) received KRW 100 million from the victim D on January 13, 2014 from the victim D; and (c) received KRW 60 million from the victim D at the aforementioned place on January 29, 2014; and (d) million from E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, C, D, and E;

1. Statement made by the police officer on I;

1. Investigative report (verification, etc. of the facts of punishment by theJ for reference);

1. Application of Acts and subordinate statutes mentioned in the sale agency contract, G guarantee certificate, receipt certificate, agreement on borrowings and the details of execution of notes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and choice of imprisonment with prison labor);

1. Of concurrent crimes, the defendant guilty of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (up to concurrent crimes prescribed in the crime of fraud against victim D with heavy criminal penalty) is a cost for the actual receipt of the money received from the victims.

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