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(영문) 대전지방법원 2015.09.23 2015고단2363
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 19, 2013, the Defendant made a false statement to the victim E, “I need to purchase 52 square meters of land in G and G 2 lots owned by the Ministry of National Defense, which are located adjacent to the Felel owned by the Defendant, to lend money to the victim E, with the loan of KRW 100 million, monthly interest at KRW 1.5 million, and to repay this money within five months.”

In fact, as agreed by the victim, the Defendant did not purchase the land owned by the Ministry of National Defense with the above borrowed money, and was planned to use the land as repayment of existing debts, living expenses, etc., and the Defendant was unable to operate the telecom and did not have the ability or intent to repay the borrowed money as promised to the victim by

The Defendant received KRW 100 million from the victim as the borrowed money at the above-mentioned location at that time.

2. On August 4, 2014, the Defendant made a false statement to the victim E before the Seo-gu Daejeon District Court located in Seo-gu, Seo-gu, Daejeon, stating that “If 40 million won is additionally lent, the Defendant may withdraw the application for auction commenced in the motherel, with the aggregate of KRW 140 million in existing debts, and transfer the ownership of the FF FFnman visa (B) ownership by September 4, 2014.”

around that time, the Defendant received 40 million won from the complainant as the borrowed money.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The prosecutor's protocol of interrogation of the accused (including the record in E statements);

1. Each police statement of E;

1. Investigation report (to hear statements at the H phone of a reference witness);

1. A complaint;

1. Application of Acts and subordinate statutes on a copy of the statement of passbook transactions, and a check;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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