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(영문) 의정부지방법원 2016.09.05 2015고단4255
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 20, 2008, the Defendant stated that “The Defendant would pay the principal and interest within 2-3 months if he/she lends money to the victim,” at the victim E’s residence of the Government-Si e.g., e., e., 20p. e., e., e., e., e. 20p.

However, the defendant did not have the intent or ability to repay the loan even if he borrowed money from the victim, such as the debt of housing mortgage loan amounting to KRW 30 million at that time.

The Defendant received from the victim a total of KRW 50 million from the Defendant’s account under the name of the Defendant, such as KRW 10 million on the same day, KRW 20 million on March 21, 2008, and KRW 20 million on April 20, 2008.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E and the legal statement of witness H in part;

1. The purchase contract for the loan;

1. A copy of a bankbook;

1. Family relation certificate:

1. A detailed statement of each account transaction;

1. Each contract for the lease in lots;

1. A certified real estate register;

1. Details of progress of the auction case;

1. A detailed statement of execution of F real estate investment expenses;

1. Application of Acts and subordinate statutes to the specifications of operation and management of F real estate;

1. In light of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, and Article 347(1) of the Criminal Act, the Defendant’s reason for sentencing a sentence of imprisonment with prison labor, arguing that the Defendant still lent KRW 50 million from the victim as investment money and did not make any repayment, etc., and the Defendant’s punishment is inevitable even if considering the Defendant’s absence of any previous criminal record so far, considering the fact that the amount

In addition, considering the age, character and conduct of the defendant, circumstances after the crime, etc., the punishment shall be determined as per the order, taking into consideration all the sentencing conditions that the defendant was unreasonable

As to the defendant's assertion, the defendant and the defense counsel will purchase the defendant's 50,00 won, not the loan, but the loan 2 Osan City loan.

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