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(영문) 수원지방법원 성남지원 2016.08.26 2016고단1736
사기
Text

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

Reasons

Punishment of the crime

On October 8, 2015, the Defendant shows the photograph of the passbook in the name of the Defendant in the name of the victim E, who is a high school, at the D apartment parking lot located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, to the victim E, who is a senior high school, and “it is necessary to pay a fine, and the Defendant is subject to a fine or a loan due to the failure of the passbook.

In addition, the domestic and foreign joint and several sureties transferred KRW 100,000 at the expense of the head of the household, and the loan is not immediately repaid and the loan is not likely to cause the big damage, and the loan is false.

However, the defendant's balance was only about 5,000 won, and there was no unpaid fine, and there was no intention or ability to repay the loan because there was no special revenue or property at the time.

Nevertheless, the Defendant deceiving the victim and caused the victim to obtain 3 million won from the Defendant’s loan to the Defendant, 3 million won from the Defendant’s future cryd loan to the Defendant, and 3 million won from this cryd loan to the Defendant, thereby having a joint and several surety acquire 9 million won property interest.

In addition, the Defendant released the victim from around October 8, 2015 to January 8, 2016 in the same manner as indicated in the list of crimes as shown in the attached list of crimes (Provided, That the temporary column No. 2 per annum from October 12, 2015 to October 16, 2015, the date and time column No. 4 per year from October 26, 2015 to October 29, 2015, and acquired property or pecuniary benefits from the victim by deceiving him/her in total at least 60,080,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Investigative report (the case and the F Statements), investigation report (the report on confirmation of the balance of passbook over the suspect immediately before committing the crime);

1. The loan contract for full consumption (the contract for joint and several sureties's guarantee), the certificate of full payment, each loan contract data, and each loan contract data;

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