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(영문) 의정부지방법원 2016.12.22 2016고단3373
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 24, 2013, the Defendant concluded that “The construction cost is insufficient in performing civil construction works at a new factory construction site in Bocheon-si mobile area” to the victim E at the D Center located in Yangcheon-si, Yangju-si on November 24, 2013.”

However, at the time, the Defendant did not have been performing civil engineering works at the time, and was thought to use personal debt repayment, etc. by lending money from the victim. At the time, the Defendant had a debt equivalent to KRW 8 million borrowed from the lending company at the time, and was unable to pay the monthly rent even if the Defendant borrowed money from the victim, so there was no intention or ability to pay it even if he borrowed money from the victim.

On November 27, 2013, the Defendant received KRW 20 million from the victim to the corporate bank account (F) in the name of the Defendant on the pretext of a loan, and received remittance of KRW 10 million from the said account on December 3, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Partial statement of the witness H in the court;

1. Statement of the prosecutorial statement concerning I;

1. A protocol concerning the examination of partially the accused by the prosecution (first time);

1. A protocol concerning the examination of partially the accused by the prosecution (third time);

1. Protocol concerning the suspect examination of some of the police officers against the accused (Articles 1 and 3);

1. The statement of E in the second police interrogation protocol against the accused;

1. Statement of each police statement concerning E and G;

1. G statements;

1. Investigation report (to hear and report a complainant's telephone statement);

1. A loan certificate, certificate of contents, and certificate of transaction, and a copy of the corporate bank passbook;

1. Details of deposit transactions;

1. A real estate lease contract;

1. Investigation report (report on the confirmation of the user of money borrowed from the complainant);

1. Each investigation report, the defendant, and his defense counsel need to pay money to the public works where the defendant borrows money for the extended purpose of his own expansion.

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