(영문) 대전지방법원 천안지원 2014.03.28 2013고단1463

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(영문) 대전지방법원 천안지원 2014.03.28 2013고단1463

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On June 18, 2009, the Defendant was sentenced to one year and four months of imprisonment for fraud at the Daejeon District Court on June 19, 2009, and the judgment became final and conclusive on June 19, 2009.

The Defendant, as the owner of the building in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, the building owner of the Defendant’s house, from around 2004, was the victim D who had been residing as the lessee in the Defendant’s building from around February 5, 2008. The Defendant acquired KRW 13,700,000 in total on five occasions as shown in the attached crime list from around the following five occasions to February 5, 2008, by taking advantage of the fact that the victim, who was in China, was aware of the intent or ability to repay the money from the victim even if she borrowed money from the victim, and did not have the intent or ability to repay the money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of witnesses D and partial statements of witnesses E;

1. The prosecutor's protocol of interrogation of the defendant and the second police's protocol of interrogation of the defendant

1. The prosecutor's office and the police's statement concerning D;

1. A statement of the details of transactions in agricultural cooperatives, the details of transactions in Korean Exchange Bank passbooks, the details of transactions in passbooks, and ordinary deposits;

1. Investigation report (F telephone statement hearing);

1. The victim's statement in the victim's court and investigative agency's criminal history inquiry shall be based on the following facts: ① not only on a specific and consistent basis, but also on financial data; ② The victim has been bound to pay money borrowed from the defendant to the defendant F and branch E for more than ten years; ③ the victim urged the defendant to pay the borrowed money to the police officer on July 2008; ③ the defendant drafted a real estate lease agreement in which the lessee is the victim as to G apartment 510 as to the G apartment 510 as the lessee, and using the above apartment.

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