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(영문) 대구지방법원 영덕지원 2018.02.09 2017고단156
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

On January 5, 2016, the Defendant borrowed money from the E Company to the victim D in the Seoul Metropolitan Government C Certified Judicial Scriveners Office located in Dongjak-gu Seoul Metropolitan Government (E) around January 5, 2016, the removal work is ordered and the removal work is ordered to be changed to KRW 4 million every month.

The phrase “ makes a false statement.”

However, even if the defendant received money from the injured party, he did not have the intention or ability to receive the above removal work, and the money received from the injured party was not used in the order of the removal work but used as personal living expenses, etc.

Nevertheless, the Defendant, by deceiving the victim, was issued KRW 55 million from the injured party.

Summary of Evidence

The following circumstances are acknowledged according to the evidence duly adopted by the court, according to the following: (a) the defendant's partial statement witness D and F's protocol of interrogation of suspect (including F's statement), written complaint, written notification, loan certificate, business plan, confirmation document, written agreement on construction promotion, receipt, written agreement on construction promotion, certificate of right, registration certificate, agreement on transfer of right to collateral security, record transfer contract, record recording statement (F's statement on the real estate price of the forest of this case), investigation report (2nd investigation), investigation report (D and telephone conversation), investigation report (G and telephone conversation), investigation report (the value of the orchard of this case), investigation report (the value of the orchard of this case) (the evidence duly adopted and investigated by the court):

In other words, although the defendant borrowed 55 million won from the injured party while taking the order for the removal of the storage facility in Yeongdeungpo-gu Seoul Metropolitan Government, he used it for the personal purpose without using it for the order of the construction work.

(2) If the victim knew that the defendant was to be used individually, he/she shall state that he/she would not lend the same to the defendant.

(3) It is believed that the defendant will introduce the construction work and may order the removal work from the E company to be ordered.

I asserts to the effect that it was believed.

(b).

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