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(영문) 대전지방법원 2014.04.25 2013고단4243
사기등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Criminal intent (Fraud)

1. On March 201, 201, the Defendant made a false statement to the victim E, “The Defendant is operating a household retail store under the name of the Seo-gu Seoul Building 312316317, Seo-gu, Daejeon, Seo-gu, Daejeon, under the name of the household retail store, and returned to Chungcheong South and foreign countries, such as Gongju, Seo-gu, and thus, wholesale business is also permitted to repay the deposited money at the end of two to three months. Each month, 3% of the monthly interest will be paid.”

In fact, the defendant thought that he would use the money borrowed from the victim as the card gambling fund, and even if he borrowed money from the victim, he did not have an intention or ability to repay it even if he borrowed money from the victim because he had a debt of approximately KRW 90,000,000 and KRW 4-50,000,000.

Around April 18, 2011, the Defendant acquired financial benefits equivalent to 4 million won of the unpaid deposit of 316317 commercial buildings from the victim for the purpose of borrowing money, and acquired financial benefits from the victim, and acquired the money by remitting KRW 25,100,000 to the Agricultural Cooperative (G) account in his/her name.

2. On December 12, 201, at the same place on December 14: 14:00, the Defendant made a false statement to the victim H stating, “If the Defendant lends KRW 30 million as security deposit to purchase the household of a household, it shall be repaid to the extent that it can be repaid in one month, and the remaining amount shall be repaid in three equal interest.”

In fact, even if the Defendant borrowed money from the victim, it was thought that the Defendant would use the card gambling fund. As above, the Defendant was liable for a debt of 130 million won or more, and even if she borrowed money from the victim, there was no intention or ability to repay it within one month.

The defendant received 10 million won as a loan from the victim, namely, in the face of the victim, from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to HE;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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