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(영문) 청주지방법원 2014.06.10 2014고단116

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 30, 2012, the Defendant concluded that “If the deposit is leased KRW 5 million to the mother and child, the deposit will be repaid by October 30, 2012” to the victim D.

However, at the time, there was no intention or ability to pay the monthly rent and electricity fee of the above I due to the failure of the defendant to conduct the business of the I, who is the beneficiary of the contract operated by the defendant, and even if he borrowed money from the J, he did not have any particular property and did not pay the money, he did not have any intention or ability to pay the money.

As such, the Defendant, by deceiving the victim D, received 4.7 million won in total from four victims over six times, including transfer of 4.7 million won in the Nong account in the name of the Defendant’s father from the victim D to the Defendant’s k account, except for the advance interest. From that time until December 11, 2012, the Defendant received remittance or delivery of KRW 32.55 million in total from four victims, such as the list of crimes in the attached list of crimes (Provided, That “L”, “L”, “C”, “C”, and “1st page of the investigation record,” respectively).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement of C;

1. Application of Acts and subordinate statutes of a specification of transactions, results of transfer processing, copies of a certificate of borrowing, copies of passbooks, certificates of registered matters, all of registered matters, investigation reports (teleline survey), certificates of transaction of deposit and withdrawal, statements of freely saving deposit transactions, and statements of deposit and withdrawal;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The order for compensation under Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders shall be the same as this case by the court.