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(영문) 청주지방법원 영동지원 2016.06.23 2015고단298
사기
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the defendants is against the defendants for one year.

Reasons

Punishment of the crime

1. On July 23, 2015, the Defendants: (a) at the home of the victim D, who is the seat of the Defendant A, located in the Chungcheongnam-gun, Chungcheongnam-dong, Chungcheongnam-dong, and (b) borrowed money to the victim as “(B) marriage funds”; and (c) borrowed money from the victim. There are two-month savings in B; and (d) there are two-months in A’s extension money.

“........”

However, in fact, the Defendants did not hold the installment savings or the time-to-face for which they may receive two months or more, and did not have any particular property, and Defendant B did not use the money borrowed from the injured party as a marriage fund and did not use the money borrowed from the injured party for the purpose of paying other debts. Therefore, the Defendants did not have any intent or ability to pay the money in accordance with the content of the agreement.

The Defendants received 7,20,000 won, excluding the prior interest and KRW 8,000,000,000 from the Defendants’ house in the same Gun E on the same day.

2. On July 27, 2015, the Defendants told the victim D’s house as indicated in paragraph (1) to lend additional money to the same content as described in paragraph (1), respectively.

However, the Defendants did not have any intent or ability to repay the same as the content of the agreement even if they borrowed the money from the damaged person as described in paragraph 1.

The Defendants received KRW 9 million from the damaged party to the Agricultural Cooperative Account of Defendant B as the borrowed money on the same day.

As a result, the Defendants conspired to attract the victim more than twice and received property equivalent to KRW 16.2 million.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. A criminal report and accompanying materials;

1. Application of Acts and subordinate statutes concerning the receipt of loans and details of passbook transactions;

1. Articles 347 (1) and 30 of the Criminal Act comprehensively cover the relevant provisions of the Act and the choice of punishment for the crime;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (The following circumstances considered as favorable among the reasons for sentencing) 1.

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