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(영문) 대전지방법원 천안지원 2020.04.03 2019고단961
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around January 29, 2018, the Defendant made a false statement to the victim B, who is the husband of the father of the Gu, called “A building or apartment exists in the ceiling, and a coffee shop is conducted. If the Defendant borrowed money, 20% of the interest shall be paid, and the principal shall be repaid after three months.”

However, in fact, the Defendant did not have the ability and intent to repay the borrowed money according to the agreement, on the other hand, while there was no other property and income.

As above, the Defendant, by deceiving the victim, received KRW 50 million from the victim to the new bank account (C) in the name of the Defendant, and received KRW 127,00,000 in total five times from around that time to March 26, 2018 in the same manner as in the list of crimes in the same manner.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning B;

1. Details of deposits, notarial deeds, liquidity transactions inquiry, application of Acts and subordinate statutes on credit information;

1. The punishment shall be determined as ordered by taking into account all the various circumstances, such as the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the crime, the scale of damage caused to the grounds for sentencing of the sentence of imprisonment option, the amount of damage not expressed by the victim and not recovered from the victim, the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime.

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