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(영문) 청주지방법원 2015.12.14 2015고단751
사기
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall pay 31,00,000 won to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

[criminal power] On August 13, 2009, the Defendant was sentenced to imprisonment with prison labor for one year and six months in the territorial branch of the Chuncheon District Court on August 21, 2009, and the judgment became final and conclusive on August 21, 2009.

【Criminal Facts】

Around July 2008, the Defendant made a false statement to the victim C’s house located in the Gangwon-do Incheon-gun, stating that “The Defendant would pay the principal by lending the funds to purchase pine trees to the victim at least five times after the month.”

However, in fact, the defendant was a bad credit holder at the time, and there was no special property, and it is unclear whether to pay profits through the business due to the lack of experience in the business, and since he thought that he would use the borrowed money from the victim as living expenses, etc., even if he borrowed money from the victim, he did not have the intent or ability to pay profits to the victim by investing it in pine trees.

Defendant from the victim of July 22, 2008, KRW 15,000,000, around July 22, 2008; and

8. Around 21.21. around 14.20,000 won and around 6,000,000 won were delivered around January 14, 2009.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Investigation report (Submission of materials by a complainant);

1. A certificate of borrowing, details of passbook transactions, and a check of savings deposits;

1. The point of previous records of judgment: Criminal records, etc. inquiry reports and criminal investigation reports (Attachment to the same type of criminal records and the judgment attached thereto);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 25 (1) 1, Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders (excluding the portion for which an application for compensation for delay with respect to installment payments is filed because it is difficult to see that such portion falls under

1.The promotion of a provisional execution declaration;

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