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(영문) 대전지방법원 2013.11.04 2013고단1131
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the second half of 2011, the Defendant had approximately KRW 285 million in personal debt, and there was no particular income, and there was no intention or ability to repay it to others even if he/she borrowed money from others.

1. During the period of Ansan-si on November 201, the Defendant made a false statement to the effect that “F cafeteria” located in the “F cafeteria” in the Gu E building 206, “I will repay the principal and interest of each month every month if I will receive a loan under the name of the Party because the cafeteria operating fund is insufficient.”

around December 14, 2011, the Defendant received KRW 30 million from the victim to the account in the name of the Defendant.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On January 2012, 2012, the Defendant made a false statement to the victim’s house located in Gunpo-si G, Gunpo-si, that “The Defendant would lend the cafeteria materials to the victim within one million won per week, because he/she borrowed the cafeteria materials.”

The defendant was issued a cashier's check from the victim around that time.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

3. Around January 31, 2012, the Defendant made a false statement to the victim I stating that “The Defendant would lend money to the victim I as money and would make payment after one week.”

The Defendant received 4.5 million won from the victim to the account in the name of the Defendant on the same day.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and I;

1. The statement of each part of the protocol of interrogation of the suspect against the accused in the prosecution (including the parts contained in D and I);

1. Each complaint;

1. A detailed statement of transaction in the passbook, a redemption plan sheet, and a letter of acceptance;

1. A detailed statement of loan transfer and a detailed statement of loan transfer;

1. A specification of transactions by reception period;

1. Reasons for conviction in each investigation report;

1. The defendant's defense counsel's arguments and the defendant's defense counsel are the victim D and I's defense counsel.

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