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(영문) 창원지방법원 마산지원 2016.07.19 2016고단84

사기

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who runs a manufacturing business of advanced pumps with one another.

On November 5, 2014, the Defendant borrowed KRW 30 million from the E office located in Changwon-si, Changwon-si, Seoul Special Metropolitan City, to the victim F to manufacture and supply Jin P PPP which is an object to be exported to India, and produced and supplied the Jin P PP on the face of the State, and made a false statement to repay KRW 30 million as interest for the 30% of the profits accrued from the borrowing of KRW 30 million.

However, the Defendant had a debt equivalent to KRW 300 million, such as an individual debt to be paid rapidly at the time, and even if the Defendant borrowed KRW 30 million from the damaged party due to business difficulties, it is impossible to produce the advanced pumps to export to India from February 2, 2015, so even if he/she borrowed money from the injured party, he/she did not have the intent or ability to pay the borrowed money until the date of the promise.

On December 2, 2014, the Defendant was transferred KRW 30 million to a criminal administration account (Account Number: G) in the name of the Defendant on December 2, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a copy of a loan certificate, a copy of passbook, and transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment on the sentencing criteria: Six months to one year and six months [the scope of the recommended punishment] general fraud (the amount of less than one hundred million won) and the basic area (six months to one year and six months) (the person who is subject to a special sentencing)

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

Unfavorable circumstances: The money obtained by fraud from the injured party is about 30 million won.