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(영문) 의정부지방법원 2013.11.12 2013고단1126
사기
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

1. On June 26, 2012, the Defendant made a false statement to the victim’s “E Licensed Real Estate Agent” office operated by the victim D in Seocho-gu Seoul Metropolitan Government C Building 302 on June 26, 2012, stating that “The Defendant borrowed KRW 16 million to the victim (“E Licensed Real Estate Agent”) in the “E Licensed Real Estate Agent” office operated by the victim D” in Seocho-gu Seoul Metropolitan Government C Building 302.

However, the above vehicle was not owned by the mother of the defendant, and even if the defendant borrowed the above money from the victim, there was no intention or ability to pay the above money or to pay interest.

The defendant obtained 16 million won on the day from the victim and acquired it by fraud.

2. On July 3, 2012, the Defendant, at the same place on July 3, 2012, concluded that “The Defendant, at the same time and at the same time, stated that “I will pay back to August 30, 2012 and pay interest on KRW 8 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000)

However, the above vehicles were not owned by the defendant, and even if they borrowed the above money from the victim, there was no intention or ability to pay the above money or to pay the interest.

The defendant obtained 8 million won on the day from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes, such as receipts, loan transaction contracts, amount of credit confirmation and awareness of agreement, waiver of vehicles and statement of delegation of operation, etc.;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. The fact that the victim obtains money from the victim through two times at a time similar to the reasons for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) and the defendant has the same criminal records.

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