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대구지방법원 2014.08.07 2014고단2079
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant did not have any intention or ability to complete the payment, even if he borrowed money from others without any specific property or income.

1. On March 27, 2013, the defrauded made a false statement to the effect that, on March 27, 2013, the Defendant would offer to the victim “if the money was extended five million won as the son was to produce sonine, it would be repaid for the extension of the time limit on August 2013, 2013.”

The Defendant received KRW 3.3 million from the victim on March 28, 2013, and KRW 1.5 million on or around the 29th day of the same month from the victim to the said Agricultural Cooperative Account in the name of the Defendant, which was used by the Defendant as the borrowed money.

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

2. On May 24, 2013, the Defendant: (a) around May 24, 2013, at the victim’s house located in Daegu Northern-gu, Daegu-gu; (b) the Defendant did not have the intent or ability to purchase the land; and (c) did not have the intent or capacity to purchase the land, the Defendant purchased the land and issued a loan certificate to the said H and the victim to the effect that “if the money is required to purchase and make it necessary to purchase and cut off the land in front, and if the money is leased to the said H and the victim, the Defendant would purchase the land and set up the collateral mortgage to the victim until November 23, 201 of the same year; and (d) from December of the same year, the Defendant would pay the principal as KRW 100,000 and KRW 4 as the principal and the interest per month; and (d) written a loan certificate to the effect

The Defendant received KRW 19 million from the victim to the Agricultural Cooperative Account in the above F on the same day as the loan money.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to H and J;

1. G statements;

1. Application of each loan certificate, a copy of deposit receipt, a copy of contract for transfer or takeover of right to possess real estate, and a copy of passbook;

1. The corresponding provisions of the Criminal Act concerning criminal facts; and