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(영문) 대구지방법원 서부지원 2016.09.29 2016고단1129
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2012, the Defendant received loans of USD 50,000 as security from the victim D who was aware of the loan due to the necessity of business funds in Cambodia and was in need of business funds.

The phrase “ makes a false statement.”

However, the defendant did not have the intent or ability to grant the loan to the victim because he was planned to use the loan to repay the loan due to his gambling, even if he received the loan from the victim's owner of the real estate.

The Defendant received from the injured party the ownership of 308 and 504 U.S. dollars in total, 180,000 U.S. dollars in Cambodia as a collateral for loans at around that time. (Korean Won KRW 205,560,000) was transferred by the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (D phone), investigation report (to hear statements from complainants and reference witnesses);

1. - Confirmation letter - Application of the laws and regulations on apartment supply contract

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., the confession of a crime and the attitude against the victim, the victim's consent to pay monthly damages in installments, the revocation of the complaint against the defendant by the victim, and the primary crime);

1. The community service order under Article 62-2 of the Criminal Act;

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