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(영문) 대전지방법원 홍성지원 2018.08.21 2018고단14
사기
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

[criminal records] On November 16, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court. On January 29, 2014, the parole period expired on March 27, 2014.

[Criminal facts] The Defendant is not enough to find out a golf course design plan and a business plan to the victim D at the office located in Hongsung-gun, Hongsung-gun, 2015, Nov. 19, 2015.

On December 16, 2015, a loan of KRW 30 million was made by falsity.

However, the fact, however, was that the defendant lent money to the victim to repay another debt or use it as a living cost, and even if the defendant borrowed money to the victim due to the situation that the Corporation did not run properly, there was no intention or ability to repay the money.

The defendant deceivings the victim as above and acquired 15 million won from the victim, i.e., the agricultural bank account (E) in the name of the defendant, and 15 million won from the same account around the 20th of the same month.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police with regard to D;

1. A certificate of borrowing and a certificate of confirmation of transfer;

1. A previous conviction: A written inquiry about criminal history, etc., five copies of the text of the judgment, and five copies of the judgment, and the judgment of the criminal intent to acquire the status of acceptance by an individual was sufficient at the time of the instant case, and there was no intention to obtain by deception, and thus,

The argument is asserted.

However, according to each evidence of the ruling, the following circumstances are found as follows: ① The victim has lent money to the defendant for the formation of a corporation to which the defendant takes over the golf course.

Since there is no personal-friendly relationship, it would not be possible to lend money if he knew that he would use it for any purpose other than the golf course business.

The Defendant consistently stated “the golf course design drawings” in the prosecution.

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