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(영문) 창원지방법원 2013.10.16 2013고단825
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 201, 201, the Defendant tried to enter into a pre-sale agreement in order to operate a childcare center located in E apartment at the home of the victim of Kimhae-si, Kim Jong-si, 111 Dong 110 and 110, and if the pre-sale fund is short of KRW 70,000,000, the pre-sale fund will be used as the pre-sale fund of the childcare center, and the borrowed money will be repaid to the other party by selling and selling pro-Japanese apartment and selling it.

The phrase “assumed.”

However, the defendant did not have a plan to definitely take over a child-care center, and even if he borrowed money as above, he did not have any intention or ability to pay it.

The Defendant received KRW 70 million from the victim to the Agricultural Cooperative Account in the name of the Defendant around June 15, 201.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. The crime of this case in the pertinent Article of the relevant criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, and the reason for sentencing imprisonment with prison labor is that the Defendant, by deceiving the victim of the purpose of borrowing money and the repayment plan of borrowed money, by deceiving the victim of the purpose of borrowing money and the repayment plan of the borrowed money, and the nature of the crime is not good, and the amount not repaid until now is reasonable, and as the victim wants to punish the Defendant, it is inevitable to

However, in consideration of various sentencing conditions in this case, such as the fact that the defendant is the primary offender, the restoration of damage to some amount, the fact that the defendant is against the mistake, and the family relationship of the defendant, the same sentence as the order shall be determined.

It is so decided as per Disposition for the above reasons.

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