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(영문) 의정부지방법원 2018.09.19 2017고단3937
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2012, the Defendant would pay back money to the victim B in the vicinity of the restaurant where it is difficult to know the trade name in the Dobcheon-si, Gyeonggi-do.

“Falsely speaking, the victim received KRW 5 million in cash from the victim around that time, and received a total of KRW 86 million from the victim from the victim from the date and time to September 22, 2015, such as the list of crimes in the attached Table, in cash or by the account in which the Defendant used.

However, the defendant did not have any way to obtain fixed income, and even if he borrowed money from the damaged party, such as the credit rating was 7 grade or higher, and other property was seized due to delinquency in tax, etc., he did not have any intention or ability to repay it.

Accordingly, the Defendant, by deceiving the victim of the above false language, acquired 86 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness B in the second public trial protocol;

1. Statement made by the police with regard to B;

1. A complaint, a certificate of borrowing;

1. Details of transactions of deposits and withdrawals;

1. A certificate for all matters to be registered (Ycheon-gun C);

1. Anthrax;

1. Character messages;

1. The following circumstances acknowledged by the evidence of each Defendant’s statement of payment in the name of each Defendant (based on conviction) (i.e., (i) the Defendant’s spouse D was not in a situation where the Defendant and his/her spouse’s economic situation was not good because the building offered as security was in a around 2011 as the business was in excess of auction, etc., and thereafter there was no particular benefit from the Defendant’s business, and (ii) the Plaintiff had already completed the seizure registration on each real estate located in the Gyeonggi-gun, Gyeonggi-do, and the National Health Insurance Corporation (FF) before borrowing each of the instant money, and the registration of seizure was completed in relation to D-owned automobiles, etc.; and (iii) the Defendant’s spouse D was in a state of completing the seizure registration in the Y-gun-gun, Chungcheongnam-gun, and the building and the land adjacent to D-owned budget G land

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