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(영문) 대전지방법원 2013.11.19 2013고단2852
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 5, 2012, the Defendant, at the D office located in Asan-si, Asan-si, concluded that “The Defendant purchased an apartment house in the large exhibition G by combining KRW 80 million with the money for lease on a deposit basis and KRW 45 million with the money for a loan, which he/she lives in Korea, at the D office located in Asan-si, and made a false statement with the victim E, that “The Defendant lent KRW 5 million as it was repaid upon the receipt of the housing mortgage loan.”

However, in fact, the defendant did not think that he would receive a house mortgage loan with apartment sale, and he thought that he would be used as the existing debt repayment and gambling fund with the loan, and there was no intention or ability to repay even if he did not have any specific assets and borrowed money from the victim.

Nevertheless, the Defendant, as described in the list of crimes in the attached Table, by deceiving the victim as such, obtained five million won from the victim in the same place, and acquired 38,920,000 won in total from around that time to March 22, 2013, by taking 17 times in total from the victim E, H, and I as borrowing money, and by having the victim H obtain joint and several sureties of 14,00,000 won in debt amount, and by having the victim E carry out joint and several sureties of 45,00,000 won in debt amount.

Accordingly, the defendant acquired the total amount of 9,7920,000 won from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of I and E;

1. Application of each specification of transactions Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the full agreement with the victims and the reflection of mistakes) or more;

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