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(영문) 창원지방법원 마산지원 2013.07.10 2013고단16
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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

“Around March 12, 2010, the Defendant was granted KRW 15 million in total from the victim E, the mother of the victim D and D, 15 million in total over 15 times from July 5, 2011, on the following grounds: “Around March 12, 2010, the Defendant borrowed money from the victim due to the fact that the individual debt at the time is equivalent to KRW 50 million and there is no specific collection or revenue, and even if he/she borrowed money from the victim, he/she did not have the intent or ability to pay the principal and interest on the second part of each month.”

“The Defendant was granted KRW 1,3520,000 won in total on four occasions in the name of the Defendant’s residence located in Changwon-si on May 11, 2010 and KRW 4,800,000 in total on four occasions, including, at the time, KRW 50,000,00,000 from the Defendant’s personal debt and KRW 50,000,000,000,000,000,000,000,000 won in total on four occasions, in the absence of intention or ability to repay money from the Victim G due to the situation where the Defendant borrowed money from the Victim G due to the fact that he/she had no particular property or income.”

Summary of Evidence

"2013 Highest 16"

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. Each complaint, a loan certificate, etc.;

1. A copy of the judgment (Chowon District Court 2012Na598) 2013Ma298;

1. Partial statement of the defendant;

1. Each police statement concerning G;

1. A certificate of borrowing;

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

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. The fact that there is an agreement with the victim D and E under Article 62(1) of the Criminal Code, and the first crime.

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