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(영문) 의정부지방법원 2017.08.24 2017고단857
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 24, 2014, the Defendant is not able to purchase rain materials for the operation of a feed recycling plant from “D D multilateral” located in Spocheon-si C around September 24, 2014 to the victim E.

B. Although they are bad credit holders, they are running their businesses and loan money in good faith because they are good credit. They will pay back after the two months.

“......”

However, at the time of fact, the Defendant did not have any particular property or income, and from around 2010, the Defendant paid interest equivalent to KRW 180,000,000 to the total amount of the Defendant’s loans given by a bank in the name of his family from around 201, and there was no intention or ability to repay the loans in a number of months even if he borrowed money from others due to the fact that the personal

In addition, the defendant did not have discussed about the above borrowed money to son F.

As above, the Defendant, while making a false statement to the victim, affixed the F seal created by the Defendant at his own discretion on the certificate of cash custody, and was given KRW 2 million from the damaged party on the same page as the borrowed money.

2. The Defendant, around January 26, 2015, borrowed money from the damaged person as described in the foregoing paragraph 1 at the place indicated in the foregoing paragraph 1, the Defendant made a false statement to the victim stating that “A person who did not have any intent or ability to repay the money within a certain period of time” would not lend KRW 25 million to the injured person. By the end of August 2015, the Defendant received a remittance of KRW 20 million from the damaged person’s financial account in the F’s name used by the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol with respect to E and G;

1. A copy of a certificate of cash custody, a copy of the bankbook for victims, and a copy of deposit;

1. A statement of transactions in H account (I) and a statement of transactions in H account (J)

1. An investigation report (verification of the use of the F seal A by a suspect), an investigation report (verification of a seal affixed on the F counterpart cash custody certificate) 1.

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