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(영문) 창원지방법원 진주지원 2013.09.16 2013고단848
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On March 4, 2011, the Defendant concluded on March 14, 201, that “Around March 14, 2011, at the C cafeteria located in Jin-si, Jin-si, Inc., seized No. 303 of Jin-si, where he lives, and thus, the Defendant did not receive security deposit.” If the Defendant borrowed money, the Defendant made a false statement to the victim D that “The Defendant would receive KRW 17 million as a unit of security deposit and receive KRW 35 million for security deposit.”

However, there was no seizure of the lease deposit No. 303 above, and the claim for the repayment of the lease deposit was transferred to F, another creditor, and there was no intention or ability to repay the above obligation to the victim due to the occurrence of bonds and the amount equivalent to 35 million won.

As above, the Defendant, by deceiving the victim as above, received from the victim a delivery of KRW 17 million from the victim in the name of the borrowed money.

2. On May 2, 2013, the Defendant made a false statement on May 2, 2013, “Around May 11, 2013, 2013, the Defendant made a false statement to the victim D, stating that “A victim D is in need of KRW 3 million to prepare the original file. If the Defendant borrowed KRW 3 million, she will take the first file on the day following the first file.”

However, in fact, the defendant thought that he would use the above 3 million won for his personal purpose, and there was no intention or ability to repay the above debt to the victim because it is equivalent to 35 million won.

As above, the Defendant, by deceiving the victim as above, received 3 million won from the victim under the pretext of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the second protocol of suspect examination of the accused against the accused;

1. Statement made to D by the police;

1. Real estate lease contract or each loan certificate;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes to investigation reports (F and telephone conversations), investigation reports (Attachment to judgment) and criminal investigation reports;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Suspension of execution;

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