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(영문) 청주지방법원 2013.07.26 2013고단549
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

In around 2007, the Defendant was at the Cridge in the Chungcheongnam-gun B of Chungcheongnam-do with the knowledge of the victim D(27 years of age).

1. The Defendant, at the C guard meeting located in the Donsan-gun B of 2007 on July 25, 2007, called “the Defendant would pay an individual office to the Cheongju, and will give KRW 1,50,000,000 monthly salary when cleaning and depthing.” The Defendant, at the Cheongju-si, sent KRW 15,00,000 from the victim a deposit for Cheongju-si under the name of the Defendant bank under the name of the former bank in the name of the Defendant at the Cheongju-si, a house at the Cheongju-si, a house at the Cheongju-si, a house at the Cheongju-si, a house at the Cheongju-si, a house at the Cheongju-si, a house at the Cheongju-si, a house at the Cheongju-si, and received KRW 3,00,000 from the victim on July 30, 207.

However, in fact, the defendant did not have entered into a lease contract to allow the victim to reside in the above apartment.

Accordingly, the defendant deceivings the victim and acquired 15 million won as a deposit for lease.

2. On July 30, 2009, the Defendant: (a) at the Diplomatic Association (“C”) concluded that the Defendant was permitted to borrow money from the victim under the name of the victim, stating that “I would obtain a loan from a credit service company, and will take responsibility for and complete payment of the loan if I want to obtain a loan from a credit service company; and (b) around that time, I received a loan from F of a credit service company to KRW 2 million and KRW 2 million from G under the name of the victim.

However, in fact, the defendant did not have any intention or ability to repay the debt without any particular property even if he received a loan under the name of the victim because he was able to pay the customer's insurance premium when he worked for an insurance company at the time.

Accordingly, the defendant, by deceiving the victim, had the victim bear 4 million won of the loan obligation, and acquired the pecuniary profit equivalent to the amount of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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