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(영문) 수원지방법원 안산지원 2021.01.27 2020고단3895

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 25, 2019, the Defendant called the victim D by telephone at the residence of the Defendant located in the Gu's building No. B of the Masan-gu, Masan-gu, 2019 in order to return to Korea.

Whether or not they are not able to pay any money that they have to return to Korea

The phrase “ makes a false statement.”

However, in fact, the defendant was not in the Chinese public domain, even if he borrowed money from the injured party, he was planned to use it as his own cost of living, and even if he borrowed money from the injured party, he did not have the intention or ability to repay it.

As above, the Defendant was issued KRW 33,00,000 in total four times until January 7, 2020, as shown in the list of crimes in the attached Table, by deceiving the victim and receiving KRW 5,000,000 from the injured party on November 25, 2019.

Summary of Evidence

1. Application of Acts and subordinate statutes governing the Defendant’s legal statement protocol on D (2) entry and withdrawal transactions, (2) entry and withdrawal transactions, (0) entry and withdrawal transactions, (0) deposit and withdrawal transactions, (0) agreement of delegation of the case, (H) investigation report (Submission of Reference Data), investigation report (Submission of Reference Data) investigation report (Submission of Data) by the Defendant;

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. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the Defendant borrowed false and money to the victim with a loan in a different place with the victim, and subsequently was unable to receive money, the Defendant used the victim’s money as attorney’s fees and living expenses with respect to the instant case. Although the amount of damage is small, the Defendant paid 10 million won out of the amount of damage.