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(영문) 전주지방법원 군산지원 2013.06.05 2013고단305

사기

Text

A defendant shall be punished by imprisonment for six 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

On July 5, 2011, the Defendant stated that “If he/she lends KRW 30 million to the victim F, he/she shall operate it as a political party and club business so that he/she may run his/her business from 05:00 to 17:00 on a daily basis, and he/she shall repay the money to him/her until January 31, 2012 if he/she is unable to do so.”

However, in fact, since the other lessee was running business from the above E to 05:00 to 17:00, the Defendant could not have the victim operate his business during the above-time period. The Defendant did not have the intent or ability to repay the money to the bank or individual with bad credit standing even if he borrowed money from the victim with bad credit standing in excess of KRW 50,000,00,000, and was able to consume the money received from the victim as debt repayment and living expenses.

On July 5, 2011, the Defendant received KRW 15 million from the victim’s bank account in the name of G designated by the Defendant on July 5, 201, received KRW 3 million in cash around July 31, 201, and received KRW 1.5 million on September 22, 201 from the victim’s bank account in the said name.

Accordingly, the defendant was delivered KRW 19.5 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the defendant has not yet been able to recover from damage, but has not yet