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(영문) 대구지방법원 경주지원 2017.03.08 2016고단115
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2, 2011, the Defendant committed a crime on September 2, 201, in the front of the E parking lot located in Sejong-si on September 2, 2011, for the victim F. “The construction of the road package ordered by a friendly Gu in the city-friendly Gu on September 2, 201 is insufficient for the construction works.

A loan of KRW 40 million shall be repaid at that time, if it is deemed that the deposit shall be refunded from the viewing of the racing to the 10th Hamman.

“A false representation was made.”

However, at the time of the Defendant’s friendship, the Defendant did not have been awarded a contract for road packing work from the viewing of the racing, and the Defendant did not have any property under the Defendant’s name at the time, and only intended to use the borrowed money from the injured party for personal purposes, such as living expenses, and thus, the Defendant did not have any intent or ability to repay the borrowed money to the Defendant to the Haman

Nevertheless, the defendant deceivings the victim as above, and he obtained the delivery of KRW 40 million from the victim in cash on the same day.

2. On or around December 6, 2011, the Defendant continued to commit a crime on or around December 6, 2011, when the Victim F used the repayment of the loan set forth in paragraph 1, and “the return of the deposit from racing viewing is delayed.”

section 3.

Until the end of the year, 80,000 won shall be repaid at the same time until the end of the year, if the loan is more than 40,000 won.

“A false representation was made.”

However, for the same reasons as stated in paragraph 1, the defendant did not have the intent or ability to repay the borrowed money to the victim until the Habman on December 2011.

Nevertheless, on December 6, 2011, the defendant deceivings the victim as above, and he obtained 40 million won from the victim's house in cash from the victim's house in Seocho-si on the day before the victim's house in Seocho-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Details of receipt of complaint, receipt of loan, and each account transaction;

1. Investigation report (the result of an interview with the complainant) (the defendant and his defense counsel shall be the defendant;

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