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(영문) 대전지방법원 천안지원 2013.04.11 2012고단1402
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant,

1. The facts are as follows: (a) even if a person receives money from the victim B, he did not have the intent or ability to purchase the main member's membership rights; (b) on October 11, 2008, at the “F” restaurant next to the E Hospital located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si; (c) on October 27, 2008, the victim sold the main member's membership rights in addition to the regular member's membership rights, but the number is limited; (b) the person wish to purchase the above golf course is well aware of the head of the above golf course; (b) so that he can promptly purchase the membership rights by remitting the purchase cost of the main member's membership rights from the victim; (c) on October 11, 2008, 1000 won by means of the Agricultural Cooperatives (Account number: H); and (d) on the 27th day of the same month, by taking the account number of the national bank member's account.

2. The fact does not have the intent or ability to repay the money even after borrowing the money from the victim;

A. On April 30, 2009, in the office of the defendant in the office of the defendant in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, and the above victim's phrase "I will lend 2 million won or more because I will use it promptly. I will do so." It shall be repaid from the victim in L, the amount of which is 200,000,000 won from the passbook in the name of Su-gu, Seo-gu, Seoul (Account Number: M) on April 30, 2009;

B. On February 26, 2010, at the Defendant’s above office, the victim made a false statement to the effect that “If the wife lends KRW 15 million that the wife needs to pay the money to him/her, he/she would promptly repay the golf travel with his/her female,” and that he/she received KRW 15 million from the victim on February 26, 2010 from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of each police statement concerning B;

1. Application of the transaction records of deposits and the transaction records of passbooks (Evidence Nos. 6) Acts and subordinate statutes;

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