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(영문) 의정부지방법원 2014.02.07 2013고단3347
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 7, 2010, the Defendant made a false statement to the victim E at the D Real Estate Office operated by the Defendant in the Gu Government-Si of Gu, stating that “C shall operate the brin restaurant. If the wife loans the operating fund of KRW 20 million, the interest shall be paid in three copies, and the principal shall be paid in two months after the payment.”

However, the facts did not have the intention or ability to complete the payment even if they borrowed money from the victim.

The Defendant received 20 million won as the Defendant’s passbook from the victim on the same day as the borrowed money, and received 20 million won as the Defendant’s passbook on November 4, 201 and 20 million won as the same method on May 23, 201.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of crimes, the agreement with the victim, and criminal records, etc.);

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