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(영문) 수원지방법원 안산지원 2018.11.29 2018고단2482

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

In order to repay loans, such as repayment of interest on the borrowed money and credit card loans, etc. from the victim C, the Defendant borrowed money from the victim and his/her neighbors at the interest rate, and had the intent to prevent the repayment of the loan and the return of interest on the said money.

After that, on January 29, 2016, the Defendant made a false statement to the effect that, by telephone at his own residence located in Ansan-si, the Defendant “Issan-si E is a head of F branch office, who is the husband of F branch office, lends money as security to the president of the company that needs money, and if you lend money to the president of the company that requires money, the Defendant shall pay interest on the seven-month portion per month. In that sense, the husband is the head of the branch office and there is no concern that the principal will not be paid because the land is secured by the husband.”

However, even if the Defendant borrowed money from the injured party, the Defendant was not aware of the foregoing lending, and was planned to use it for the purpose of repayment of interest on the money borrowed from the injured party, repayment of card loans, and payment of interest, so even if receiving the money from the injured party, there was no intention and ability to pay the interest and principal every seven minutes of the month.

Nevertheless, the Defendant, as seen above, received KRW 7 million from the victim by deceiving him/her as such, to the Nonghyup Bank account in his/her own name on January 29, 2016, and received a total of KRW 18,9410,000 from the victims, who are his/her relatives, in the same manner as the list of crimes in attached Form C, from around that time to September 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to C, G, and H;

1. Complaint;

1. Each investigation report (the sequence 58-64 of the evidence list);

1. Application of Part 26 financial data related to remittance details to the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts (as a whole, the victim’s choice of imprisonment with prison labor).