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(영문) 청주지방법원 2017.01.24 2016고단859
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around April 2009, the Defendant made a false statement to the victim S that “R (State) office operated by the Defendant in Q of the petition-gu Cheongju-si, Cheongju-si, “The Defendant has two waste vinyl recycling factories,” and that there is no distribution fund due to the difficulty of the Defendant in diving-si. However, since the Defendant was in a factory in Chungcheongnam-gu, the petitioner-gu, and the press equipment in the amount of KRW 70,000,000,000,000,000,000, and only several months, and the interest shall be paid at 18% per annum.”

However, in fact, the Defendant was bad credit from around 2001 and around 700 million won of personal debt was incurred, and the above leader factory was established with a total amount of 1 billion won as owned by U.S. partner, and the petition factory was registered in the name of K and the total amount of 90 million won was established. The factory machinery was established with a mortgage at financial institutions, and there was no intention or ability to pay the debt even if the above factory and machinery were unable to provide a security or to borrow money from the injured party, because the above factory and machinery were not able to lend money from the injured party.

The defendant shall belong to the defendant on May 25, 2009, and on May 25, 2009, the same year.

6. November 5, 190 won, and the same year; and

8. 19.16 million won, and the same year;

8. 20.5 million won, and the same year;

8. A total of 150 million won was remitted to the Agricultural Cooperative Account under the name of the Defendant on five occasions, including 24.29 million won.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness S;

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

1. Statement by the police against S;

1. Details of passbook transactions;

1. Application of Acts and subordinate statutes governing each certificate for registration;

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

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