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(영문) 대전지방법원 천안지원 2017.07.20 2017고단846
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

In this case.

Reasons

Punishment of the crime

The defendant did not receive any special property or monthly income, and it did not receive any 3 billion won loan, which was to be paid when taking over the new construction site of Asan-si D Apartment in the Asia-si Seoul Special Metropolitan City, which was implemented by the Dispute Settlement Co., Ltd., and there was no intention or ability to repay the loan even if he borrowed money from the victim E, since he could not receive any additional investment because he was liable for the debt equivalent to about 1.2 billion won in the process of carrying out the above apartment construction project.

Nevertheless, the Defendant, in front of the Korean bank, located in Asan-si hot Springdong around December 10, 2010, paid to the victim the sum of the principal and interest KRW 3 million with the loan of money to the victim in the first place of the Korean bank located in the Asan-si hot Spring Complex.

“Along with the false statement, the member was immediately granted KRW 20 million from the injured party on the same page as a loan, and the victim was paid KRW 23 million from around that time to October 11, 2013 in total on three occasions, as shown in the list of crimes in attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each document attached to a complaint (the detailed statement of purchase, expropriation, removal, confirmation of removal, transaction by account, agreement on loan transaction, deposit transaction, written agreement on loan transaction, written agreement on loan transaction, and detailed statement of deposit transaction);

1. Application of business registration certificate, certified copy of corporate registry, and copy of passbook of deposit;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination as to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the grounds for sentencing)

1. The summary of the argument is that the defendant borrows the facts charged without specifying the period of reimbursement, and he will complete the payment in one month.

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