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(영문) 서울남부지방법원 2012.12.13 2012고단1352
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around January 22, 2011, the Defendant provided that, at the D office operated by the victim C, the victim C, who was in Gangwon-gu, Gangwon-do, paid money to the victim within one month, if he/she lends money to the victim.

However, around that time, the defendant was faced with gambling while going to the river, and even if he borrowed money from the victim because he did not perform any other work, he did not have any intention or ability to repay it.

As above, the Defendant received KRW 2 million on 24.2 million on the 25.3 million on the 25.3 million on the 28.3 million on the 28.3 million on the 29.2 million on the 29.2 million on the 29.3 million on the 30.3 million on the 30.3 million on the 30.

2. 피고인은 2011. 2. 21.경 서울 관악구 신림동에 있는 서울대학교입구 지하철역 부근 호프집에서, 피해자 C에게 "11톤 트럭 2대를 갖고 직원을 두고 일을 하고 있는데 한 대를 팔려고 중고차 시장에 내놨는데 시세가 약 5,000만 원이다. 처와 사이가 좋지 않아 송금을 받을 수 없어서 생활비와 직원 월급이 밀려있는데 돈을 더 빌려주면 차가 팔리는 대로 그 대금을 받아 변제하겠다."라고 말하였다.

However, in fact, the cargo vehicles owned by the defendant were purchased in a premium and left in the transportation company, and it was false to the victim even though it was not sold in the middle and high-class market.

On February 22, 2011, the Defendant, as seen above, was issued KRW 15 million in cash at the victim’s D office around February 22, 201, and KRW 18 million in cash with the cashier’s checks of KRW 10 million on February 2, 2011.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. C Public prosecutor's office and police statement;

1. Application of Acts and subordinate statutes on loan transaction, loan certificate and notarial deed;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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