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(영문) 청주지방법원 제천지원 2014.04.17 2013고단842
사기
Text

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

Reasons

Punishment of the crime

On November 20, 2006, the Defendant stated that “E Health Center” operated by the Victim D, who is located in Gangwon-si, Gangwon-si, the Defendant borrowed KRW 69 million, which was included in the passbook, to his father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s. Accordingly, the Defendant borrowed the passbook and free to receive interest every month, and the principal will be returned after one year.”

However, in fact, the defendant borrowed the above money from the victim to the father-friendly relationship of the defendant, and there was no intention or ability to use it, and there was no intention or ability to pay it.

Accordingly, the defendant acquired the money from the victim by acquiring the passbook in the name of the victim F in the name of the victim who deposited KRW 69 million on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. Application of Acts and subordinate statutes on trading lists;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the defendant who is selected to imprisonment and his/her defense counsel

1. The summary of the argument is that the defendant received the victim's 69 million won from the victim's f-type F passbook (hereinafter "the passbook in this case"). However, after the receipt of the passbook, the defendant agreed with the victim to use the money in the passbook for the prop work required for the construction of the golf course as the expenses for the golf course, and in fact, the remaining money is used for most of the prop work except for the amount of 27 million won as the purchase cost of the defendant's vehicle, and therefore, it is not acquired by deception.

2. In full view of the following circumstances acknowledged by the evidence duly examined by the court, the victim entered the passbook in this case.

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