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(영문) 청주지방법원 2014.07.04 2013고단1496
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. In August 2008, the Defendant made a false statement to the victim C by phone call to the victim C, stating that “The Defendant is unable to operate the office because the fees are not paid at a hospital. It is different from KRW 5 million. It shall be repaid at a hospital as the fees are paid.”

However, in fact, since 2006, the medical consulting company operated the medical consulting company with the trade name of "D", but the office rent and employee's salary have not been paid due to the lack of profit. In addition, the bank loans amounting to KRW 10 million, while there was no particular property or income, there was no intention or ability to repay the loan even if it borrowed money from the victim.

Around August 21, 2008, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the Agricultural Cooperative Account under the name of the Defendant.

2. On March 23, 2009, the Defendant made a false statement to the effect that, “If the Defendant lent the amount of KRW 40 million to the victim of the apartment sale contract, the amount of KRW 20 million will be paid after 20 days, and the remainder KRW 20 million will be paid without molding two months after the end of the contract.”

However, in fact, it was not thought that apartment was sold in lots but it was thought that the apartment was sold in lots only under the contract, but it was unclear whether it was possible to resell the apartment at a premium, and there was no intention or ability to repay the borrowed money due to the circumstances such as Paragraph 1.

Around March 23, 2009, the Defendant, by deceiving the victim, received KRW 40 million from the victim to the Agricultural Cooperative Account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Investigation report (Submission of Suspect's explanatory materials), investigation report (to be accompanied by a copy of a summary order against a suspect);

1. A copy of a certificate of borrowing, a copy of a written agreement, and a copy of a passbook;

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