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(영문) 수원지방법원 2016.04.06 2015고단2930
사기
Text

A defendant shall be punished by imprisonment for six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

around February 12, 2014, the Defendant lent the agreed money to the victim B at the office near the office near the office near the Yung-dong, Gangnam-gu, Seoul, to the victim B, “The agreed money was paid by the Defendant, and C, as it is deemed that the money is urgently needed to pay, and C, borrowed the money to C. The procedure for receiving the loan of KRW 9 billion on the land located in Pyeongtaek-si, Seoul. The procedure for receiving the loan of KRW 9 billion on the security of the land located in the Republic of Korea is underway, and at least two days after the loan is possible, it will be repaid immediately.

“The phrase “ was false.”

However, even if the defendant received money from the injured party, the land to be provided as security was not owned by the defendant, and the loan was not confirmed more than two days after the establishment of a large number of right and provisional seizure. However, even if the defendant borrowed money from the injured party, there was no intention or ability to repay the money on the agreed date.

The Defendant, as such, by deceiving the victim, was remitted from the victim to the account in the name of F on the same day.

Accordingly, the defendant, by deceiving the victim, received property from the injured party.

Summary of Evidence

1. Entry of each part of the defendant in the police interrogation protocol against the defendant;

1. The statement in B of the protocol (two times) concerning the interrogation of the suspect against the defendant;

1. Each police statement concerning G and F;

1. C’s statement;

1. Each investigation report (to hear and report statements by complainants and to hear statements by reference C);

1. Investigation report (170 pages of investigation records);

1. A copy of bankbook;

1. Application of the respective legislation of payment

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

1. Reasons for sentencing under Articles 32(1) and 25(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation [the scope of liability for compensation is not clear] and the basic area (one to one year and six months) (one to six months) of the basic area (the special sentencing person) is nonexistent.

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