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(영문) 대구지방법원 김천지원 2013.12.11 2013고단1181
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated a hall in the name of “Candab” from around December 2006 to December 2008 from old and American City B.

Around March 7, 2008, the Defendant made a false statement to the victim E, who is a land located in the Gu-Si building 403 of the Gu-Si building 403, that “if 10 million won is urgently needed, only 10 million won is loaned, 2% interest per month shall be paid up until June 1, 2009.”

However, in fact, the Defendant had no property owned by the Defendant at the time of bad credit standing, and the profits from multiple operations were equivalent to 3 million won per month. However, the Defendant had a personal debt equivalent to 30 million won per month, and the amount paid as interest and principal payment was equivalent to 3 million won per month, and thus, there was no intention or ability to repay the amount within the agreed period even if the Defendant borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above, and 4 million won on the same day under the pretext of borrowing from the victim, and the same year.

4.1. Minority: 5 million won and the same year;

4. On November 1, 200, four million won was remitted from a victim to an account in the name of F, a partner of the defendant, respectively, to a total of 13 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to specifications of remittance remittances);

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 on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that the person has not actually repaid the

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