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(영문) 청주지방법원 2018.04.04 2017고단2073

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2015, the Defendant would pay money to the victim D by remodelling the head of the office with a loan from the credit holder in the name of Sung-gu, Sung-gu, Sung-gu, Sung-gu, Seoul to repay the money by lending the credit to the victim D.

If the head of the office security deposit is KRW 50 million, and the head of the office remodeling the head of the office can receive KRW 100 million for the premium, so the said loan will be immediately repaid with the money.

“The purpose of “ was to make a false representation.”

However, in fact, the above house deposit was merely KRW 20,00,00, and most of the borrowed money from the injured party was thought to be used for the repayment of his own bonds, and the above house was not operated, and thus, it was unlikely to receive KRW 100,000,000 as premium even if the above house was remodeled. At the time, the defendant's debt was about KRW 18,000,000,000, but there was no special property other than the above deposit, and thus, the above deposit was used for the repayment of bonds, etc., so even if it was borrowed money from the injured party, there was no intention or ability to make a normal repayment.

Nevertheless, the Defendant, as such, by deceiving the victim, received a total of KRW 67 million from the injured party on four occasions, such as the table Nos. 1-4 of the crime list, and had the victim repay the Defendant’s debt amounting to KRW 44,767,980, such as the sequence No. 5 of the crime list.

Accordingly, the defendant acquired property and property benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences: Imprisonment for one month;