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(영문) 대구지방법원 포항지원 2013.06.27 2012고단924
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 May 23, 2007, the Defendant stated that “The victim D’s “Eju” located in the Busan Northern-gu Seoul Northern-gu Seoul Northern-gu Seoul Northern-gu, stated that “The Defendant would make a repayment to the victim as if he/she borrowed KRW 5 million, borrowed KRW 3 to 40,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

However, under the circumstance that the Defendant, at the time, bears approximately KRW 70 million debts to F, the Defendant was not able to repay the said money even if he borrowed money from the creditors in relation to the sale of the said site, because both G and 7 lots of land, which are the business being promoted by the Defendant, was not properly carried out, and the funds were not distributed.

Nevertheless, the Defendant, as above, received from the victim the alcohol of KRW 500,000 and KRW 1700,000 from the victim, i.e., the alcohol of KRW 500,000 from the seat, and received KRW 5 million from the (State) H’s account, and acquired the total amount of KRW 7.2 million.

2. On June 11, 2007, the Defendant: (a) stated that “When a promissory note with a face value of KRW 35 million is opened to the victim D with a face value of KRW 35 million, the Defendant would pay 500,000 won and KRW 170,000,000,000,000 won and KRW 25,000,000,000,000 won and KRW 5,50,000,000,000 won and KRW 1,50,000,000,000,000 won and KRW 2,5

However, the Defendant had no intent and ability to repay money even if he borrowed money from the victim due to the situation where the Defendant is liable to pay the said KRW 00 million.

Nevertheless, the Defendant issued a bill while making a false statement as above, and that is, the Defendant acquired the bill from the victim to the (State) H account operated by the Defendant at the seat of the victim and acquired it by means of money.

(i) the evidence;

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