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(영문) 창원지방법원 마산지원 2013.06.19 2013고단326
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On April 2007, the Defendant stated that “A lessee under the lease agreement of the 1st floor shopping mall in Msan City may be allowed to receive KRW 40 million from the lessor, and 3% of the monthly interest shall be paid to the victim B.”

However, in fact, the defendant did not have the intention or ability to pay the borrowed principal to the victim directly return the leased principal to the victim from the lessor.

On April 25, 2007, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim for the purpose of the loan, from the parties who were in common in the synthetic Dong of the Masan-si, Changwon-si, Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of a copy of mediation protocol;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (the fact that the payment of a reasonable amount is deemed to be made);

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