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(영문) 부산지방법원 2015.11.19 2015고단438
사기
Text

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

Reasons

Punishment of the crime

On November 16, 2010, the Defendant made a false statement to the victim D on November 16, 2010, stating that “If the Defendant lent the name of the business operator with bad credit standing and borrowed the funds, he/she shall complete the E (ju) manufacturing and processing silents within three months, and shall receive the funds from the Small and Medium Business Corporation for supporting the establishment of small and medium business.”

However, as long as the Defendant did not receive the funds from the Small and Medium Business Corporation, the Defendant did not have the ability to borrow money from the victim or to operate the above factory. At the time of borrowing money from the victim, the Defendant did not have the intent or ability to pay money on the date agreed to the victim with the terms and conditions of the application for the loans to support the establishment of small and medium enterprises and the date of receiving confirmation

As above, the Defendant, from February 11, 201 to February 11, 201, received KRW 50,802,600 in total over 11 times, from the time when the Defendant, by deceiving the victim and receiving KRW 1,900,00 from the Agricultural Cooperatives passbook in the name of F as designated by the Defendant, for construction expenses, from the victim.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of part of the accused (including D's statement);

1. Statement made to D by the police;

1. A statement of savings deposit transaction, a business registration certificate, a real estate sales contract, a notice of scheduled support for a small and medium enterprise start-up business, a statement of accounts by account, a loan certificate, and an application for approval

1. The defendant's defense counsel in determining the defendant's assertion of each investigation report (Evidence List No. 12) asserts that the defendant did not make a false statement to the victim as stated in the facts charged, as well as that he jointly operated E from September 2010.

However, the foregoing.

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