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Reasons
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(영문) 대전지방법원 2017.10.24 2016고단4684
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 30, 2010, the Defendant paid deposit amount of KRW 22 million to the victim B-owned C-Ba from around August 30, 2010, and was living in a leased and leased area with the consent of the victim, and was granted a loan of KRW 15 million from the Yucheon Mutual Union as security on April 5, 2013, the Defendant transferred the claim of deposit amount of KRW 19.5 million to the Yucheon Mutual Union and notified the victim.

On May 20, 2015, the Defendant made a false statement to the Ucheon Credit Cooperative in Daejeon-gu, Daejeon-ro 1926, stating that “I will deposit the money from the above loan to the bank passbook with the name of the person who paid the money from the deposit, as I want to pay the money from the deposit money to the bank.”

However, the fact, however, is that the defendant was expected to use the money to repay his/her personal debt when he/she received the money from the injured party, and thus there was no intention or ability to repay the money.

The Defendant, by deceiving the victim as such, received KRW 21,70,000 from the victim to the account (D) in the name of the Defendant’s bank account under the name of the refund of deposit money.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Complaint;

1. A multi-family housing lease contract;

1. Application of Acts and subordinate statutes to report on investigation ( complainants and E telephone investigation);

1. Taking into account the following circumstances: pertinent legal provisions on criminal facts and Article 347(1) of the Criminal Act regarding the choice of punishment; provision of the same type of punishment for sentencing; provision of majority of punishment records (suspension of execution and fine); failure to recover damage; failure to reach an agreement and failure to reach an agreement; and progress by serving public notice by identifying residence.

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