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(영문) 대전지방법원 2014.01.17 2012고단2080
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 17, 2003, the Defendant was sentenced to eight months of imprisonment for fraud and embezzlement at the Daejeon District Court, and completed the execution of the sentence on December 8, 2003.

1. On September 25, 2006, the Defendant: (a) around September 25, 2006, stated that “the amount of high-water purchase would be KRW 900,000,000,000” to the victim E in the property of the D iron file located in the Dong-gu Daejeon-gu Daejeon, Daejeon; (b) however, the Defendant did not intend to use it for the

As such, the Defendant, by deceiving the victim, received KRW 90,00 from the victim to the account in the name of the Defendant, and received KRW 17,453,00 from the time to October 30, 2010, a sum of KRW 2,453,00,00 from the time of the receipt of the victim, as shown in the attached list of crimes.

2. Around August 3, 2007, the Defendant, at the office of G Attorney-at-law located in Seo-gu, Seo-gu, Daejeon, indicated 12 copies of a forged lease agreement with the content that the deposit money for lease to 12 households located in the register of GJ site J site 220 square meters and the deposit money for lease to 12 households located in the register of GJ site 220 square meters and 4 multi-household housing in Seo-gu, Daejeon, Daejeon, and concluded that “If the Defendant borrowed KRW 60 million, he would set up a collateral security on this building and pay the principal amount of KRW 1.8 million as of the interest of the month, it would be repaid on November 2, 2007.”

In fact, the above building has a total amount of KRW 325 million, and there is a big difference in the value of security, and even if the defendant did not have any other property and did not have any intent or ability to pay the above money normally even if he borrowed the above money without any particular property, he deceiving the victim as such, and he obtained 58,200,000 won from the victim after deducting the amount of KRW 1.8 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements of witnesses E in the second protocol of the trial;

1. Each police statement of EH;

1. The application of Acts and subordinate statutes concerning criminal records, replys to criminal records, and current status of personal identification;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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