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(영문) 전주지방법원 2011.11.08 2010고단2540
사기
Text

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

Reasons

Punishment of the crime

On July 2007, the Defendant committed the following crimes with a view to: (a) a man-made place of business, which began around 2001, did not have any special property; (b) a person was living without any occupation or income, and (c) a person was able to fully meet the victim B around July 2007 when he was living without a certain occupation or income; and (d) even if he borrowed money from the victim, the Defendant did not have any intent or ability to repay the money, as if he had a re-power to engage in real estate development, and accessed the victim:

1. 피고인은 2007. 8. 14.경 안산시 C에 있는 D 노래방에서 피해자에게 “돈이 급히 필요하니 여윳돈이 있으면 두 달만 빌려달라, 1,900만원을 빌려주면 원금 상환시 이자로 100만원을 지급하겠다, 수원역 뒤편이 재개발예정인데 함바식당을 운영토록 편의를 봐주겠다”고 거짓말하였다.

The Defendant, as such, by deceiving the victim, received 1,00,00 won cashier's checks from the victim in his/her position.

2. On October 22, 2007, the Defendant, on the street in front of the Seoul Seocho-gu Seoul Seocho-gu, made a false statement that “if the Defendant loans KRW 10 million to the victim, he/she shall have to pay it after three months, and the interest shall be paid KRW 300,000 per month.”

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the corporate bank account in the name of G on the same day.

3. Around December 28, 2007, the Defendant stated that “Around December 28, 2007, the Defendant borrowed KRW 9 million as the office expenses are insufficient, while the office expenses are insufficient” to the victim in a mutual infinite, which is located in Ansan-si, Sin-si.

The Defendant, as such, by deceiving the victim, received three copies of one million won's cashier's checks from the victim, and six copies of one million won's cashier's checks from the first policeman on January 208.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The application of the police statement law to B 1.

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