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(영문) 대전지방법원 2015.05.13 2014고정1944
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On December 20, 2012, the Defendant made a false statement to the effect that the Defendant would pay the victim E money within three months if he/she borrowed the money to pay a public charge.

However, in fact, the Defendant had no intention or ability to repay the amount, even if he borrowed the money from the victim, because he borrowed the money from the victim in order to repay the existing debt by way of return under the circumstance that the Defendant was liable for a large amount of debt at the time and was under the pressure of repayment by other creditors.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 9 million from the victim under the name of the borrowed money.

2. On January 2, 2013, at the same place as that of paragraph (1) of the same Article, the Defendant made a false statement to the effect that “the Defendant would have to purchase medicinal herbss to engage in an act related to the delivery of herb drugs.” The Defendant would have to repay money within three months if he/she borrowed money.”

However, in fact, since the Defendant did not engage in the business related to the delivery of herb drugs, even if he borrowed money from the victim, he did not have the intent or ability to use it as the purchase price of herb drugs, and even if he borrowed money and borrowed money from the victim with intent to repay the Defendant’s existing debt by borrowing money, he did not have the intent or ability to repay the money.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 9 million from the victim under the name of the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written confirmation of details of transactions of entrance and departure;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1.A fine of 2,00,000 won to be suspended.

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