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(영문) 서울남부지방법원 2014.11.12 2014고단1346
사기
Text

Defendants shall be punished by imprisonment for ten months.

However, the defendant A for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around July 23, 2009, the Defendants, as married couple, are victims E and victims F, who are married couple in the residence of the Defendants in Yangcheon-gu Seoul Metropolitan Government D apartment 601. The Defendants, “Is to lend only 20 million won when the house is in progress and the auction procedure is required to prevent them from doing so. Is to repay the deposit. Is to be able to receive the refund of the deposit, and the Defendants own the land equivalent to 10,800 square meters in G and eight parcels, so Is to make a full payment even after disposing of it.

‘A false statement' was made.

However, in fact, there was no idea that the Defendants would use the money borrowed from the victims for the camping site construction cost, Defendant B’s business expenses and living expenses, and there was no idea that they would use the money as the deposited money. At the time, there was no obligation exceeding KRW 1180 million, and Defendant B did not have a certain monthly income. The camping site operated by Defendant A was not free from the enemy. The eight lots of land located in the above G were not owned by the Defendants, and there was no intention or ability to repay the money even if they were to borrow money from the Defendant.

Nevertheless, the Defendants conspired to induce the victims as above and received KRW 20 million from the post office account under the name of the victims on the same day as the loan money from the victims, and then, from around that time to November 4, 201, by deceiving the victims as shown in the crime list from around November 4, 201, and by receiving KRW 122 million in total from the victims on 14 occasions.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness E, F, H, and I;

1. Protocol on the Interrogation of Criminal Suspect against the Defendants (including the E and F respective statements)

1. Statement of the police statement of E;

1. Notice of the details of complaint, account transfer, and details thereof;

1. An investigation report (a copy of the register of land, etc.);

1. Application of each of the application Acts and subordinate statutes;

1. Article 347 (1) or 30 of the Criminal Act applicable to the facts constituting an offense;

1. Suspension of execution: Defendant.

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