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(영문) 인천지방법원 2014.06.12 2014고단62

사기

Text

A defendant shall be punished by imprisonment for not less than five 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 May 16, 2012, the Defendant made a false statement to the effect that “D real estate” office located in Ansan-si, Seoul-si, the victim E would be able to use the money with a sufficient amount and 200,000 days. By May 30, 2012, the Defendant would lend KRW 30 million to the victim E.

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to pay it within 20 days.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 30 million from the victim as the borrowed money on the same day.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning criminal facts: Article 347 (1) of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., initial crimes, non-prosecution of punishment): The area to be mitigated among general fraud of less than 100 million won, and within one year;