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(영문) 전주지방법원 군산지원 2019.05.13 2018고단525

사기

Text

A defendant shall be punished by imprisonment for four 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 May 2008, the Defendant issued a false statement to the victim B, “If the good land is leased KRW 20 million, the Defendant purchased the land and repaid money borrowed within 1-2 months by selling it.”

However, in fact, the Defendant did not have any special property or income at the time, and was in excess of his/her personal debt up to KRW 70 million, and even if he/she borrowed money from the victim, there was no idea to purchase the land, and there was no intention or ability to normally repay the borrowed money to the victim on the ground that he/she was used to pay the credit card price and overdue premium, repayment of personal debt,

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 10 million on June 2, 2008 from the victim, and transferred KRW 10 million on June 30, 2008 to the three post office accounts (D) in the name of the mother of the Defendant on June 30, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and B;

1. A protocol concerning the suspect examination of the accused;

1. Part concerning B statement of the second police interrogation protocol against the accused;

1. Statement of each police statement of B and E;

1. Application of the Acts and subordinate statutes to the complaint, loan certificate, and investigation report (Evidence List No. 15);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. Determination of sentence: The period of four months of imprisonment, the period of one year of suspended execution, and the period of suspended execution shall be more than that of the crime in this case;