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(영문) 청주지방법원 2017.02.23 2016고단1506

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 April 30, 2009, the Defendant stated that “The Defendant shall lend money to the victim D before the victim’s residence in substantial Gu-Si, Cheongju-si, and shall pay it in full.”

However, at the time, the defendant did not have any financial standing and did not have any intent or ability to repay the debt even if he did not borrow money from the damaged party due to the lack of any revenue or property.

As such, the Defendant, by deceiving the victim, received 10,000,000 won from the victim on the same day from the Cheongdong foreign exchange bank prior to the Cheongdong foreign exchange bank on the same day, from that time to April 1, 2011, and acquired 181,00,000 won in total, from April 12, 201, as shown in the annexed crime list, from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the suspect against the defendant (including four times the suspect and the replacement of the complainant);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as a copy of a loan certificate and receipt;

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 Social Service Order Criminal Act / [the scope of recommending punishment] General Frauds: The type 2 (not less than KRW 100 million, but less than KRW 500 million) reduction area (from June 20 to February 6): In the case where the defendant intentionally committed the act of deception in the first step [special mitigated persons] as a result of the combination of identical competition, or where the degree of deception is weak (the decision of the sentence], but the amount of damage is not small; however, the defendant was an intentional act while the defendant has continuously traded money with the victim in order to overcome the damage suffered by the guidance, and the defendant partially paid approximately KRW 73 million to the victim.