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(영문) 부산지방법원 동부지원 2016.04.15 2015고단1095
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Since about 10 years, the defendant has been aware of his neighboring residents with the victim B.

On August 8, 2013, the defendant, at the defendant's house 104-dong 1902, the defendant's house in Suwon-gu, Busan-gu, 104-dong 1902, lent money to the victim with the house as collateral, the divorced husband will have died in the year and have a lot of legacy for the children five days after the death of the divorced husband.

"Along with the end of "Seocheon," it shall be repaid to the victim by August 13.

“After preparing a loan certificate with the content of the loan, the Korea Savings Bank, located in the Dongcheon-dong, Busan Metropolitan City, has the victim obtain a loan of KRW 35 million as security of KRW 12 million from the existing Saemaul Treasury loan and its interest, etc., and received a cash of KRW 22,153,270,000 from the victim to the new bank account in the name of the victim and received a cash of KRW 22,20,000 from the victim on the road near the location of the bank located in Suwon-dong, Suwon-dong, Busan Metropolitan City.

On July 2013, the Defendant was the bad credit bad before the loan was made, and there was no property or occupation owned at the time of the loan, and even if the Defendant borrowed the money from the injured party as the Defendant did not have any intent or ability to repay the money because he did not intend to inherit the property of the pre-paid convenience which was divorced by his children, the Defendant did not have any intention or ability to repay the money more than five days after the loan was made.

As above, the Defendant, by deceiving the victim, acquired money and valuables of 22 million won.

Summary of Evidence

1. Each police station and each prosecutor's office suspect examination protocol against the accused;

1. Statement made by the police for B and E;

1. A complaint, a loan certificate, and a remittance receipt [the Defendant’s borrowing of money from the injured party is ambiguous E, and only he/she borrowed money from the injured party] are acknowledged by the evidence duly adopted and examined by this court.

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