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(영문) 의정부지방법원 고양지원 2015.10.16 2014고단1844
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 12, 2011, the Defendant was sentenced to imprisonment with prison labor for 6 months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in the Goyang Branch of the District Court, and the said judgment became final and conclusive on May 20, 201.

Around September 2007, the Defendant made a false statement to the victim F that “The reconstruction project of the Silsan-dong in the Silsan-dong in the Silsan-gu in the Silsan-si is expected to be soon approved. It would lend money necessary for the approval of the Silsan-gu reconstruction project. It would be possible to obtain a loan from a bank to repay development funds.”

However, there was no intention or ability to repay the amount even if the victim borrowed money from the victim because it had no specific income or property at the time, while it was intended to use the money borrowed from the victim for the repayment of his/her own obligation, the Korea Development Bank had introduced the new development method from the Goyang-si.

Nevertheless, on September 21, 2007, the Defendant received KRW 100,000,000 from the victim with a false statement, and acquired KRW 15,00,000,000 from the victim to the Agricultural Cooperative Account in the name of the State (G), around October 11, 2007, the Defendant received KRW 85,00,000,000 from the Defendant’s his father’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A complaint, a certificate of borrowing, a deposit certificate, a receipt, and a detailed statement of passbook transaction;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report on judgment);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The defendant's assertion of the latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes.

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