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(영문) 전주지방법원 군산지원 2015.07.24 2015고정176
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is between the victim C and the victim of peace.

1. On November 17, 2011, the Defendant borrowed KRW 3 million on that day by stating that “The Defendant is insufficient to purchase one F apartment bond in the following Etha-si Etha-si Etha-si D. The Defendant borrowed KRW 3 million on that day by borrowing only KRW 3 million to the Defendant.”

2. On December 14 of the same year, the Defendant talked about the same content to the victim and borrowed KRW 1 million from the same place.

However, even if the defendant borrowed money from the victim, he did not have the ability or intent to repay it.

The Defendant, as such, was given a delivery of 4 million won by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the statement of G in the second police interrogation protocol, and statement of the police statement of G, against the accused on the second police interrogation protocol;

1. A certificate of borrowing and a certificate of registration;

1. The defendant and his defense counsel argued that the defendant did not deceiving the victim or had no intention to commit the crime of deception by deceiving the victim by purchasing the apartment by lending the money from the victim, by expecting that the apartment price would be misleading, and that the apartment price would be reduced after the purchase of the apartment by the defendant's husband, by failing to prepare the above 50 million won, and by failing to repay the borrowed money to the victim, the above 50 million won could not be repaid to the victim.

In light of the following circumstances, the evidence duly adopted and examined by this Court, namely, the Defendant was in a state of bad credit and bad credit standing at the time of borrowing money from the victim; the Defendant purchased an apartment house with a purchase price of KRW 145 million, and the Defendant provided a loan of KRW 118 million among them, and the remainder of the purchase price was borrowed from the victim.

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