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(영문) 청주지방법원 2016.09.22 2016고단1300
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 22, 2015, the Defendant: (a) on April 22, 2015, at the “D” restaurant located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju on April 22, 2015; (b) the Defendant: (c) the victim E is required to recover the vehicle from having borrowed money to the bond company; and (d) even if he/she has borrowed money, he/she is required to pay the vehicle up to July 31, 2015, which is four months after the purchase.

"Falsely speaking, it received 25,000,000 won in cash from the injured party.

However, in fact, the Defendant did not have any particular property, and the vehicle had approximately KRW 30,000,000,000, and there was no intention or ability to repay the borrowed money even if the vehicle is found.

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

2. On May 30, 2015, the Defendant concluded that on May 30, 2015, the Defendant received KRW 15,000,000,000 from the “G” restaurant located in Cheongju-si, Cheongju-si, and from the Defendant’s account in the HU Bank account, the father of the victim, the father of HU, the Defendant transferred KRW 15,000,000 to the Defendant’s Nonghyup Bank account on June 9, 2015, where the Defendant additionally lent KRW 40,000,000 to the money borrowed on April 22, 2015.

However, the defendant did not have any particular property at the time, and there was approximately KRW 20,000,000 bonds, and the game office did not have any income, so there was no intention or ability to repay the borrowed money.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the loan certificate;

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes and the results therefrom, the circumstances and circumstances of the crime, the amount of money obtained after the crime, the unagreement with the victim, the absence of identical criminal records, and reflectivity.

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