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(영문) 수원지방법원 2016.11.17 2016고단5064

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2014, the Defendant made a false statement to the “D Taekwondo Chapter” operated by the Defendant located in Heung-gu, Young-gu, Young-si, the Defendant: “The Victim E, who worked as a criminal, is scheduled to open the Taekwondo Chapter from Pyeong-gu to June 2015; the Fund is required, and the interest is loaned KRW 20 million,000,000,000 per month; and the Defendant will pay the interest by June 11, 2015. If it is not possible, the Defendant would pay the security deposit amount of KRW 40,000,000 to D Taekwondo Chapter.”

However, the Defendant had no particular property other than KRW 90,000,000, which had been residing at the time, and had a debt equivalent to KRW 150,000,000 for financial rights, etc. around that time, even if he was unable to borrow money from the victim due to gambling, he was planned to use the money for other Taekwondo grounds and to do so for gambling, etc., and even if he was unable to repay the borrowed money by the victim within the due date, he did not have the intent to transfer the leased deposit amount of KRW 40,00,000 for the D Taekwondo ground, and was thought to be used for gambling when he was returned the leased deposit of KRW 40,000,000,000,000 to the victim, and there was no intention or ability to repay the borrowed money to

As above, the Defendant deceivings the victim, and then acquired 20 million won in cash from the victim in the same place on the same day as the loan money.

Summary of Evidence

1. The defendant's legal statement;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to the loan certificate and certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Application of the sentencing criteria [Determination of types] Fraudulent crimes, general fraud, types 1 (less than KRW 100 million) (the area of recommendation and the amount of recommendation] and the basic area of punishment, June 1 and 6 months;

2. Determination of sentence: four months of imprisonment; and