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(영문) 창원지방법원 통영지원 2013.11.08 2012고단1099
사기
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above punishments shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Although Defendants conspired to agree to receive land, etc. from their father and all of the Defendants did not have any particular ability to repay, Defendant A, at the early April 201, on the part of Changwon-si E, Changwon-gu, Changwon-gu, Changwon-gu, Seoul, 201, the Defendant A provided the victim with “I may commence the business if the F, she is in need of KRW 350 million, and KRW 100 million,” and “I may raise 50 mar 150,000,000,000,000,000,000,000,000,000,000 won.” If Defendant B borrowed farmland to receive 100,000,000 won as a prior donation, Defendant B would obtain the loan from the father, even if I will obtain the loan, and Defendant B would not obtain the loan from the victim at the same time and after the expiration of 15,000,000 won.”

Therefore, on April 25, 201, the end of such false statement was transferred from the victim to the new bank account in the name of Defendant B on April 25, 201, and acquired it by fraud.

Summary of Evidence

1. Partial testimony of witness G, H and F;

1. Application of the detailed statement of deposit transactions (20 pages of the evidence), details of deposit and withdrawal transactions (26 pages of the evidence), and application of Acts and subordinate statutes of the deposit sheet (41 pages of the evidence);

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The Defendants and their defense counsel’s assertion on Article 62(1) of the Criminal Code of the Suspension of Execution asserts that the Defendants are not guilty, since the victims only remitted KRW 100 million to make an investment in the Defendant B’s marina business.

However, the following circumstances revealed by evidence duly examined by this Court, i.e., F and the victim.

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