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(영문) 대구지방법원 2013.10.10 2013고단2072
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 28, 2012, the Defendant stated that “B is leasing a business partner other than the insurance design date, and owns a copy equivalent to KRW 500 million to the victim E, a workplace partner, at the dong-gu Seoul Metropolitan City Branch of D company, Daegu, Daegu, Daegu, the Defendant stated that “B is leasing a business partner other than the insurance design date, and owns a copy equivalent to KRW 500 million.” On February of each year, 3.5 million as business funds are leased, and the principal appears to have been “3.5 million won” as stated in the written indictment on March 14, 2012, which was 14 days after the 14th day.

However, the defendant did not have the intent or ability to repay the debt of others by lending money from the victim at the time, even if he borrowed money from the victim.

The Defendant, by deceiving the victim as above, received 3.5 million won from the victim to the Defendant’s corporate bank passbook.

2. On February 29, 2012, the Defendant made a false statement to the victim E, stating that “it is necessary to pay 20 million won or more of business funds. It is 2.6 million won or more of interest loaned with money, and the principal appears to be a clerical error in the indictment written on March 14, 2012, “........., 2013” as stated in the indictment written on March 14, 2012.

However, the defendant did not have the intent or ability to repay the debt of others by lending money from the victim at the time, even if he borrowed money from the victim.

The Defendant, by deceiving the victim as above, received 20 million won from the victim to the corporate bank passbook of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Complaint;

1. Notarial deeds;

1. Details of bankbooks;

1. Application of Acts and subordinate statutes certifying contents;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the defendant defrauded by 23.5 million won from the victim.

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