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(영문) 창원지방법원 진주지원 2021.02.18 2020고단1119

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is aboard the Victim B’s University.

1. On April 26, 2016, the Defendant made a false statement to the effect that “Around September 26, 2016, the Defendant would make a repayment within one year by making an investment in the funds for the club business that the Defendant lent money to the victim in front of the apartment of Jin-si, Seoul, with the intention of “Around April 26, 2016.”

However, even if the defendant receives money from the injured party, he did not have any intention or ability to use the D club business funds or repay it.

Around April 29, 2016, the Defendant deceiving the victim as above and transferred KRW 30,000,000 to the bank account (F) in the name of the Defendant around April 29, 2016.

2. On May 2016, the Defendant concluded a false statement to the effect that “The Defendant, on the early May 2016, in the vicinity of the Seocho-si apartment, Jin-si, Jin-si, would create any money by making an investment, and repay all of the money borrowed by the end of April 2017, including the money previously lent.”

However, even if the defendant received money from the injured party, he did not have any intention or ability to create, or repay it.

Around May 25, 2016, the Defendant deceivings the victim as above and transferred KRW 70,000,000 to the bank account (F) in the name of the Defendant to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning B of the protocol concerning the interrogation of the suspect against the defendant by the prosecution

1. Statement made by the prosecutor and the police concerning B;

1. A loan certificate, a detailed statement of deposit transactions, details of deposit transactions, each of the details of transaction, credit information history, response to requests for cooperation with investigation;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 20, 24, 25, 26, 35 of the evidence list);

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing criteria [the types of fraudulent crimes] shall be determined;