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(영문) 대전지방법원 2014.05.02 2014고단715
사기
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around April 2011, the Defendant: (a) when the Defendant was detained in a criminal case by the Defendant’s son, he was willing to lend money to the victim D who was known to the Defendant; and (b) around May 25, 2011, the Defendant was issued KRW 10 million from the victim with a view to: (c) “When the Defendant lent money to the Defendant for criminal agreement, he/she would pay interest of 2% per month; and (d) the principal would be repaid until August 3, 2011.”

On July 201, 201, the Defendant continued to introduce E from the victim, stating that “The Defendant would necessarily repay E within two months from introducing a person who borrowed money without any money to the victim for a criminal case,” and received KRW 12 million from E.

However, the Defendant did not repay the borrowed money from E on several occasions, and the Defendant stated that “the Defendant would have the victim pay all the borrowed money in lieu of the borrowed money to E,” and that “the Defendant would have the victim, who believed to be true, repaid the said money in lieu of the borrowed money, to E,” and had the victim repay the said money in lieu of KRW 12,50,000,000,000,000,000,000 won in total, around October 31, 2011.

However, at the time, the Defendant did not have certain assets, and rather, the number of financial institutions borrowed 0 million won, but failed to repay it at the time, and thus, the Defendant continued to have been in arrears. Therefore, there was no intention or ability to repay it even if he borrowed money from

After all, the defendant, by deceiving the victim, obtained a total of 24.5 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part D of the police interrogation protocol against the defendant

1. Statement of D police statement;

1. Receipts:

1. Notarial deeds;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to replys to investigation cooperation;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Aggravation for concurrent crimes;

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