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(영문) 대전지방법원 천안지원 2013.04.04 2012고단1592
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, in fact, was a person of bad credit standing who did not have certain income or assets, and was in the absence of any income of C in 2009 and was unable to pay corporate tax, even if he borrowed money from the victim, did not have an intention or ability to repay it;

1. On April 15, 2009, in the office of F Co., Ltd. for the operation of the victim E of the second floor of the 2nd floor of the Seodaemun-gu D Building in Seocheon-gu, Seocheon-gu, Incheon Metropolitan City, "The victim purchased large-scale real estate in the vicinity of Sungnam-si, and planned to build a new factory" to the victim, "I will complete payment within one month because there is no funeral expenses, and I will complete payment within six million won." The victim received six million won from the victim to the national bank account in the name of G on the same day.

2. The same year;

7.7. Around July 1, 200, the Defendant’s office in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, the Defendant called, “If you deliver the goods, there is no cost to transport the goods, and if you lend KRW 2.5 million, they will repay within 3,400,000,000,000 to the Defendant’s account.” The Defendant received 2,50,000 won from the victim to the Defendant’s bank account on the same day.

3. Around January 29, 2010, at the same place as Paragraph 2. of Article 2, a victim calls for the victim to obtain the refund of deposit money for the deposited public charges, etc. in Seoul because his/her wife can receive 500,000 won from the victim’s bank account in the name of the Co., Ltd. on the same day. The victim received 50,000 won from the victim to the agricultural bank account in the name of the Co., Ltd. on the same day.

Summary of Evidence

1. Legal statement of the witness E on the second trial date; and

1. Entry of the accused in the protocol of suspect examination into E in the prosecution;

1. A copy of each loan certificate, a copy of the details of transactions of admission and withdrawal, a reply to the request for cooperation with investigation, and matters to be registered in the investigation report;

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