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(영문) 수원지방법원 안산지원 2017.08.31 2017고단294

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 3, 2010, the Defendant may not borrow money from the financial right to a victim C with a lower credit rating, which was known to the general public at the pharmacy of the Chungcheongnam-gu University Hospital located in Daejeon-gu, Daejeon-gu, Daejeon-do. 282.

Cp. Because it is good credit, D. L. L. loans to L. L. L. Savings Bank, the monthly interest rate of KRW 200,000,000, and the principal shall be paid within one year.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to repay money normally even if he borrowed money from the damaged person due to no particular property or income at the time.

Nevertheless, on September 3, 2010, the defendant deceivings the victim as above and acquired 9.5.8 billion won from the Agricultural Cooperative Account (Account Number: D) in the name of the defendant as the loan money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes, such as details of transactions and copies of bankbooks;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence include the Defendant’s age, sexual conduct, environment, background leading to the instant crime, means and consequence, circumstances after the instant crime, and other various conditions of sentencing as shown in the instant pleadings. In particular, the following circumstances should be taken into account: (a) the damage is not recovered; (b) the Defendant is recognized as committing the instant crime; (c) the Defendant has no record of criminal punishment other than once a fine; and (d) there is no record of the same crime.