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(영문) 전주지방법원 2013.05.09 2013고단658
사기
Text

Defendants shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment became final and conclusive, the above sentence against Defendant D.

Reasons

Punishment of the crime

On September 22, 2008, the Defendants conspired to offer a false security to obtain money from the victim H, and presented a real estate lease contract stating that Defendant A leased money from L with the deposit for the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the lease of the lease of the property to the victim on January 22, 2009, if he lent the money to the victim at the J coffee shop located in the Jeon-gu Seoul Special Metropolitan City (I) prior to September 22, 2008.

However, in fact, the above real estate lease agreement was prepared and forged by the Defendants in mind, and Defendant A did not have concluded the above real estate lease agreement with L, and the Defendants did not have any intent or ability to pay the money in accordance with the promise that the Defendants did not have any income.

The Defendants, as such, by deceiving the victim and deceiving him from the victim, wired the total sum of KRW 29 million from September 22, 2008, and KRW 9 million from October 1, 2008 to the former bank account (N) in the name of M, Defendant D’s children.

Summary of Evidence

1. Defendant D’s legal statement, Defendant A’s partial legal statement

1. Application of the Acts and subordinate statutes on witness D and H’s respective statutory statements;

1. Defendants: Articles 347 (1) and 30 (General Provisions and Selection of Imprisonment) of the Criminal Act;

1. Defendant D who has been suspended from execution: Article 62 (1) of the Criminal Act (The conditions favorable to the following reasons for sentencing);

1. Defendant D of the community service order asserts to the effect that the Defendant prepared a false real estate lease contract in accordance with the direction of D at the time of the instant case and delivered it as security to the victim, and that he did not have the intent to acquire money by deceiving the victim.

In the situation where operating funds are insufficient, the defendant met the victim with the introduction of D.

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