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(영문) 전주지방법원 남원지원 2014.10.14 2014고단194
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

On January 31, 2011, the Defendant made a false statement to the victim C, stating that “The building of the parents in the Seocheon-gun of Seocheon-do was put out of auction, and the above building was put out of auction, the level of KRW 1,30,000 is needed. If the building was leased KRW 80,000,000, the Defendant would be 70% of the building which was awarded a successful bid at auction, and it would be possible to borrow the building again by 70% as collateral, so the loan would be due until May 201.”

However, in fact, the defendant was in bad credit standing at the time and was not given a certain amount of 1.8 billion won, and part of the amount borrowed from the victim is used for any purpose other than auction proceeds, and even if it was awarded a successful bid for a building subject to auction and received a loan, there was no intention or ability to repay the amount until the agreed date even if he borrowed the above amount from the victim.

Nevertheless, on January 31, 201, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 50 million from the victim to the Agricultural Cooperative Deposit Account (G) in the name of the Defendant’s branch on January 31, 201; (c) obtained cash of KRW 30 million on February 9, 201; and (d) acquired the total amount of KRW 80 million by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F and H;

1. Each police statement of C;

1. A complaint;

1. Application of Acts and subordinate statutes to a copy of a bankbook, a copy of a statement of transactions in the accounts of agricultural cooperatives, and all the registered matters;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Articles 32(1)1 and 26(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings by which an application for compensation is dismissed (the application for compensation of this case is illegal as it is filed after the closing of argument)

1. The scope of recommendations according to the sentencing guidelines (decision of type), fraud, general fraud, and general fraud;

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