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(영문) 대구지방법원 2014.08.28 2012고단7689
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 2010, the Defendant made a false statement to the victim that “I would find out weather conditions between the network and the network,” even though it was not possible to find out the potential multiple employees even if the Defendant received activity expenses from the victim, the Defendant received from the victim as activity expenses, namely, KRW 50,000 from the seat to the victim.”

2. On November 15, 2010, the Defendant received KRW 12 million in total on three occasions as indicated in the list of crimes, from the time on January 2011, 201, from the time when he/she received KRW 6 million from the Defendant, on the ground that he/she did not have any intent or ability to repay the debt from a person with bad credit, even if he/she borrowed money from the victim C, the Defendant did not have any intent or ability to repay the debt from the person with bad credit.

3. On January 11, 201, the Defendant, at the office of the victim F, an Asan-si Etel 203, provided that “The Defendant did not have any intent or ability to repay the amount of money, even if having borrowed money from the victim due to the occurrence of loans from bad credit holders.” On December 8, 2010, the Defendant, on the part of the victim, provided that “on the part of December 8, 2010, the Defendant would repay the amount to the victim up to the end of December, 200,” provided that “on the 27th of the same month, the Defendant would repay the amount of money to the victim after lending the money to the victim,” provided that “on the 200,000 won from the tin, the Defendant would repay all the amount to the victim by January 17, 2011,” received the victim as a total of the amount of money borrowed from 5 million to 13 million won.”

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes of a loan certificate, cash car certificate, promissory note, cash car, and payment angle;

1. Articles 347(1) and 347(2) and (3) of the Criminal Act, respectively, are applicable to the relevant criminal facts and the choice of punishment.

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