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(영문) 대전지방법원 2021.01.28 2020고단3934
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

In the Seo-gu Daejeon on August 28, 2014, the Defendant requires a rapid living cost to the victim C (here, February 1957) in Seo-gu, Daejeon on August 28, 2014.

It stated that it shall be repaid at a prompt time with money lending.

However, in fact, the Defendant created the right to collateral security on a house with D Association and borrowed 220 million won, but there was a considerable amount of debt 220 million won, such as a mutual savings bank or a lending company, etc., and entered a large amount of money to raise business funds. Since credit cards used as credit card loans, etc. were overdue, they did not have the intent or ability to pay it to the victim.

The Defendant, by deceiving the victim as such, received KRW 2,00,000 from the damaged person’s child E on the same day from the damaged person, and received KRW 3,00,000 on December 1, 2014, and KRW 1,50,000 on June 17, 2015, and KRW 4,50,000 on August 26, 2015, respectively, and acquired KRW 13,30,000 in total from the damaged person, such as receiving KRW 2,30,000 on March 13, 2018 from the damaged person by an unlawful means.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of some of the police officers against the accused;

1. Statement made by the police with respect to C and F;

1. Written complaint filed by C;

1. A report on investigation (related to a certified copy of the register on real estate owned by a suspect);

1. The investigation report (the details of repayment of loans borrowed by the defendant novels, etc.);

1. A report on investigation (related to the suspect's ability to repay and proceedings);

1. Investigation report (related to the suspect's opening of a CB transaction and information on arrears);

1. Investigation report (including the total sum of the amounts remitted by the accused to the account of the complainants);

1. A certificate of custody or a certificate of borrowing of cash;

1. A certified copy of real estate registry;

1. Four copies of a statement of deposit transactions in a G union in the name of A, two copies of a statement of deposit transactions in a G union in the name of C;

1. Application of Acts and subordinate statutes governing credit information history;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel

1. The summary of the claim.

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