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(영문) 대전지방법원 논산지원 2014.03.28 2013고단539
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 4, 2011, at the C Construction Office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendant stated that “The Defendant is doing construction work in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the money does not work. The construction should be completed if the Defendant borrowed KRW 20 million.” The Defendant said that “The Defendant will complete payment including interest at least 40 days after the lapse of 40 days.”

However, the Defendant, as a person with bad credit standing, has invested approximately KRW 35 million on November 201, and continued to work as F, but did not receive any payment. On November 10, 2010, around December 9, 201, and around March 9, 201, the Defendant invested approximately KRW 150 million in the (ju) UHL but failed to recover the borrowed amount, and thus, the Defendant did not have any intent or ability to immediately repay the borrowed amount even after completing the construction.

As such, the Defendant received a false statement from the victim and received KRW 20 million on the same day from the victim to the account under the name of the Defendant, and acquired a total of KRW 95,720,000 from that time to April 16, 2012 by remitting KRW 12 times in total, such as the statement in the attached crime list, from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each prosecutor's statement concerning D and G in the prosecutor's office;

1. Application of the respective Acts and subordinate statutes to the accusation (including documents, such as field photographs and the details of passbooks), investigation reports (including documents attached to the prosecutor's statement of witness H), transfer certificates (documents attached to the prosecutor's statement of witness D), investigation reports (Submission of reference materials by the complainants), response to the request for provision of each financial transaction information, investigation reports (the statement of reference witness, J, I), investigation reports (the statement of reference witness, K, L, M telephone statement, F Corporation), investigation reports (the document attached to the credit report);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of sentenced punishment: From one month to fifteen years of imprisonment (the choice of imprisonment and the aggravation of concurrent crimes);

2. The types of the sentencing criteria;

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