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(영문) 대전지방법원 천안지원 2013.04.25 2013고단88
사기
Text

A defendant shall be punished by imprisonment for six 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

Defendant,

1. The fact is that there was an individual debt amounting to five million won at the time, and there was no other property or income, so the importation in the mouth alone did not have an intent or ability to repay the debt, but it is false that the victim D's house located in the Nam-gu Seoul Metropolitan Government, Chungcheongnam-gu, Seoul Metropolitan City, on April 14, 2009, "if it is necessary to pay the amount of deposit KRW 2 million, it is necessary to pay the amount to pay the amount to the victim." The victim's house is false that "if it is necessary to pay the amount to the amount of deposit, it shall be paid to the amount of deposit KRW 2 million on the same day, it shall be paid to the victim in cash on the same day, and it shall be repaid to the victim if the victim continues to pay the amount. The cement mine in the father's name in Gangwon-do shall be paid the amount of deposit if the amount to be immediately expropriated is expected to be paid, then it shall be paid to the victim around May 11, 2009."

9.7.Around 1.5 million won, around 22.2 of the same month, around 1.2 million won, around 26.26 April 2010, and the same year.

7. On August 1, 201, around KRW 3 million, KRW 1 million, KRW 5 million, around October 4, 201, KRW 5 million, and KRW 19.7 million in total on nine occasions, including KRW 1 million, around March 9, 2012; and

2. In fact, as mentioned in the preceding paragraph, only the personal debt amounting to KRW 3 million, including D’s obligation to borrow money, and there was no particular property or income, so even if the restaurant import alone did not have the intent or ability to repay the money, the “F restaurant in the operation of the Defendant located in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on October 20, 201,” which reads that “If there is no money to pay the money to the victim G, the victim would have to pay the money borrowed from the other party, and then, he shall receive three million won from the victim to the third party.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement related to H and G;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to Personal Credit Reports), copies of each passbook transaction, loan certificates, and copies of notarial deeds;

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