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(영문) 청주지방법원 2018.11.15 2017고단2778
사기
Text

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

Reasons

Punishment of the crime

On December 2, 2012, in the office of the company where the defendant and the victim C work together with the defendant in Jincheon-gun, Jincheon-gun, the defendant is liable for the principal and interest of the victim when the father "in need of medical expenses and the agreement, his father receives the loan, and the principal and interest will be repaid.

“False speech was made to the effect that it was “.”

However, the defendant's father did not have suffered a traffic accident, and the defendant was thought to use the loan in repayment of other loans under the circumstances that only the interest on the loan amounting to KRW 3 million per month without any special property as revenue of KRW 1,500,000 per month at the time. Therefore, the defendant was unable to repay the loan as agreed by the victim.

Ultimately, the Defendant, by deceiving the victim as above, had the victim take the same amount of monetary benefits by having the victim obtain a loan of KRW 45 million, including KRW 10 million from D) around January 2, 2013, KRW 20 million from E bank, KRW 15 million from F (State), and KRW 15 million from F (State).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation Report (Submission of Appellant-Proof of Debt, Individual Rehabilitation-Related Documents, Details of Transactions, etc.), Investigation Report (Attachment of Loan Transaction Agreements) (The defendant and his defense counsel asserted that the defendant and his defense counsel did not use the defendant's father's child accident as doping with money as stated in the judgment, but considering the evidence duly adopted and examined, it can be sufficiently recognized that the defendant bears the victim's obligation of guarantee by deceiving his father's traffic accident treatment and agreement as stated in the judgment of the court below. Thus, the above assertion is not accepted).

1. Article 347(1) of the Criminal Act in relation to the crime, and Article 347(1) of the Criminal Act, and Article 347 of the Criminal Act does not have the intent and ability to repay the original loan due to the sentencing

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