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(영문) 제주지방법원 2013.12.17 2013고단669
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 18, 2009, the Defendant, at the “E Licensed Real Estate Agent” office of the victim C’s “E Licensed Real Estate Agent” office located in Jeju-si, Jeju-si, the Defendant calculated the land and attempted to sell and sell the land to the victim. If the money is urgently needed, if the Defendant borrowed KRW 35 million, the Defendant would complete payment of interest KRW 45 million in addition to the amount of interest KRW 10 million in one month. However, at the time of bad credit standing, the Defendant thought to pay down the down payment and purchase the land without any funds from the victim, and the construction was impossible without carrying out large expenses. Thus, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the said money within a short period.

Nevertheless, the Defendant, as seen above, obtained 30 million won on the same day from the victim and acquired it by fraud.

2. On May 26, 2009, the Defendant made a false statement to the victim at the above location, and the fact was a waiver of the purchase of the land as stated in paragraph (1) and did not have any intent or ability to repay the money from the victim even if he borrowed money from the victim, the Defendant obtained the money from the victim with the amount of KRW 20 million on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to each loan certificate, passbook copy, deposit without passbook, and investigation report (report on hearing of the F counterpart telephone statement of a witness);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act, the choice of imprisonment;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62(1) of the Criminal Act;

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