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(영문) 청주지방법원 2019.02.01 2018고합75
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to a suspended sentence of six months at the Cheongju District Court on June 1, 201 and one year of a suspended sentence of six months

9. The judgment became final and conclusive.

【Criminal Facts】

The defendant has provided a forged lease contract, cash storage certificate, loan certificate, etc. to the victim B as security and has a mind to borrow money from the victim.

On February 25, 2007, the Defendant showed the victim’s “D” in the “D” operation of the victim in Sejong-si, E, F Real Estate Lease Agreement, F’s cash storage certificate, and false statement stating that “If the Defendant lends the money to be provided as security for the lease contract and cash storage certificate, he/she would pay it within 10 days at the interest rate of 5-6 parts.”

However, in fact, the lease contract and cash custody certificate provided by the defendant as security to the victim was forged by the defendant, and the defendant did not have any intent or ability to repay the money that the defendant promised to the victim.

Nevertheless, as above, the Defendant, by deceiving the victim as above, provided forged lease contract and cash custody certificate to the victim as collateral, and received cash 15,000,000 won from the victim on the face of the victim, from June 24, 2008, from that time, obtained delivery of KRW 461,290,000 in total over 106 times as shown in the attached Table 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness B and G;

1. The part concerning the statement B in the prosecutor's statement against the defendant

1. The prosecutor's statement concerning B;

1. Each police statement concerning B and G;

1. Court rulings and mediation protocols;

1. Written notes, each real estate lease contract, each cash storage certificate, and each loan certificate;

1. Previous convictions: References to criminal records and application of Acts and subordinate statutes concerning criminal investigation reports (components, written judgments, etc. against suspects);

1. Imprisonment with prison labor, including Article 347(1) of the Criminal Act applicable to the crime and Article 347 of the choice of punishment;

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