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Reasons
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(영문) 인천지방법원 2013.11.19 2013고단3499
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 28, 2007, the Defendant: (a) reported four copies of the loan certificate that was forged in advance to the victim D in Gwanak-gu in Seoul Special Metropolitan City on September 28, 2007; (b) stated, “I will lend each party five million won to the lender if I lend the money.” (c) I would lend each party five million won with interest at the rate of five percent per month to the lender. (d)

However, the Defendant did not think of the repayment of interest on his own bonds from the victim, and did not lend money to another person as set forth in the above loan certificate, and did not have any intent or ability to pay the money to the victim with interest borrowed from another person.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim, namely, a delivery from the victim of the said deception as the borrowed money.

2. On December 3, 2007, the Defendant: (a) reported three copies of the loan certificate that was forged in advance to the victim D in Gwanak-gu in Seoul Special Metropolitan City on December 3, 2007; (b) stated, “If the person who borrowed the loan to B has borrowed the loan certificate that he/she prepared in advance, he/she would lend the loan to each of the above persons at KRW 5 million; and (c) he/she would receive interest of KRW 5 million in the short term from the second half of each month.”

However, the Defendant did not think of the repayment of interest on his own bonds from the victim, and did not lend money to another person as set forth in the above loan certificate, and did not have any intent or ability to pay the money to the victim with interest borrowed from another person.

The Defendant, as such, by deceiving the victim, received 15 million won from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An investigation report (verification of the date of borrowing money);

1. Application of each statute on a loan certificate;

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

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