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(영문) 광주지방법원 2015.09.02 2014고단2939
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a representative director Co., Ltd.

1. On March 5, 2013, the Defendant makes a false statement to the effect that “a car operated by the Defendant around that time was leased and has no collateral value, and even if he/she borrowed money from the victim D, he/she does not have any intent or ability to repay it.” The Defendant’s false statement to the effect that “a car shall be repaid to the Defendant’s agricultural bank account of the Defendant for the same day from the victim’s agricultural bank account of the same day on the same day.”

6.For the purpose of deceiving 25 million won in total by receiving each remittance of 15 million won to the above account;

2. On June 14, 2013, the Defendant: (a) at the H Certified Judicial Scriveners Office located in the Dong-gu, Gwangju; (b) around that time, the fact did not have been confirmed to have received a loan from a financial institution with respect to the construction of a major complex building in Gwangju, which was promoted by C Co., Ltd.; and (c) on the ground that, even if the Defendant borrowed money from the victim D, the Defendant did not have the intent or ability to repay the loan, the Defendant falsely stated to the effect that “on the face of lending the money, he would have received a provisional attachment on the land I and repaid KRW 14.3 billion by August 13, 2013 after the termination of the provisional attachment set forth in the I land and received a loan of KRW 38 million from the victim to the Agricultural Cooperative account in the name of H on the same day; and (d) on the same day, he acquired KRW 2 million from the K office in the law firm in the Dong-gu, Gwangju, Gwangju.

Summary of Evidence

1. Partial statement of the defendant;

1. Determination as to the assertion of the defendant and his defense counsel in each legal statement of witness D, F, L and M

1. The assertion that the Defendant had intent and ability to repay at the time of each of the instant crimes

A. According to the reference materials (Evidence No. 292 pages), according to the evidence adopted and examined by this court, including each description of the first interrogation protocol of the Defendant’s prosecutorial suspect against the Defendant, the Defendant’s land and I.

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