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(영문) 창원지방법원 진주지원 2021.01.26 2020고단1001

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal record] On January 16, 2020, the Defendant was sentenced to a suspended sentence of two years on July 2, 2020 in the Jinwon District Court's Jinju branch for criminal fraud, and the judgment became final and conclusive on July 2, 202.

[Criminal facts]

1. On February 3, 2019, the Defendant committed a crime on February 3, 2019 did not give the victim C a replaced by the name of the victim C at a cafeteria located in Guro-gu Seoul Special Metropolitan City on February 2, 2019.

The repayment will be made not later than March 30, 2019, after one month from the loan of KRW 10 million.

“A false statement” was made.

However, the Defendant did not have any intention or ability to repay the borrowed money to the victim until the time the Defendant promised to pay the borrowed money to the victim.

On February 3, 2019, the Defendant was transferred KRW 10 million to the Saemaul Treasury account in the name of the Defendant’s wife D around February 3, 2019.

2. On March 9, 2019, the Defendant, by calls to the said victim C at a place of early police officer on March 2019, 2019 and pays KRW 10 million to the said victim C, if the Defendant borrowed money more than KRW 10 million to the said victim C, at the same time, until March 30, 2019.

“A false statement” was made.

However, the Defendant did not have any intention or ability to repay the borrowed money to the victim until the time the Defendant promised to pay the borrowed money to the victim.

On March 9, 2019, the Defendant received KRW 10 million from the damaged party to the Agricultural Cooperative Account in the name of the Agricultural Cooperative Co., Ltd., the Defendant operated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A complaint;

1. Cash loan certificates, business registration certificates, details of account transactions, written agreement, details of each account, and details of suspect's debts;

1. Before judgment: Application of Acts and subordinate statutes to the Supreme Court's ruling 2019 highest 119, 1336, 2020 No. 305 decided, the list of cases related to the defendant, the search of the Supreme Court's case and the confirmation data

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, and Article 38.