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(영문) 창원지방법원 진주지원 2013.07.10 2012고단719
사기등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around May 19, 2011, the Defendant made a false statement to the victim E that “If the building is purchased and sold in lots, if the building is sold in lots, 100 million won will be sold in lots and 130 million won will be repaid within two months, and if the building is not repaid, 607 commercial buildings will be sold in lots.”

However, at the time, the defendant did not sell a commercial building without bearing a large amount of debt. Moreover, since the trust contract was established for the above building, the defendant could not sell the commercial building in mind, so the defendant did not have the intent or ability to pay the amount even if he received the money from the victim.

Nevertheless, the defendant deceivings the victim as above and obtained KRW 100 million on the same day from the victim and acquired it by fraud.

The defendant of "2012 Highest 1844" is a business owner who runs a real estate rental business using eight full-time workers as the representative of the Jinju City C(C)F network.

The Defendant, from January 1, 201 to July 201, did not pay KRW 40,500,000,000 each of the monthly wages of KRW 3 million on March 3, 2011, KRW 3 million on April 2011, KRW 3 million on July 201, KRW 3 million on August 201, KRW 1.5 million on September 201, KRW 1.5 million, and KRW 40,50,000 each of the monthly wages from November 201 to July 201.

Summary of Evidence

"2012 Highest 719"

1. Each statement of witness E, G and H in the third protocol of trial;

1. Partial statement of a witness I in the sixth protocol of the trial;

1. A protocol of examination of part of the defendant by prosecution;

1. Each report on investigation;

1. The loan certificate, a copy of the D commercial building contract, a certified copy of the register, and a full certificate of registered matters "2012 high-class 1844";

1. The defendant's partial statement in the nine-time protocol of trial;

1. Each statement made by witnesses J, G, K and L in the ten-time trial records;

1. The details of arrears, the entry and exit details of bankbooks, and copies of bankbooks; and

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