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(영문) 전주지방법원 2014.05.15 2013고단1820

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who actually operates the limited liability company C in Kim Jong-si.

Around October 5, 2011, the Defendant: (a) purchased a shoulder to the victim E at the Da apartment parking lot in the Yandong-gu, Jeonju-si, Jeonju-si, and attempted to sell it; (b) there is insufficient funds to purchase the shoulder; (c) if the Defendant borrowed KRW 25 million, the Defendant said that he would repay the total amount of KRW 32.7 million, including interest that he did not pay before the preliminary deposit, including KRW 5 million.

However, at that time, the Defendant did not have any intent or ability to pay the above amount even if he borrowed the above amount with the above amount of 400 million won and the personal debt amount of 600 million won without any particular property.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim transfer KRW 25 million to the bank account in the name of F on the same day, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. A suspect interrogation protocol of the prosecution concerning G (including E statements);

1. Each police interrogation protocol concerning G and F;

1. Each police statement of E;

1. Application of Acts and subordinate statutes of a letter of payment, certificate of deposit transaction

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act for the suspended sentence is not less than that of the crime of this case in light of the motive, circumstance and details of the crime of this case, and the contents of the crime, but not agreed with the victim. However, although the defendant did not have the same criminal records before reaching the crime of this case, the defendant made his own effort to recover from the victim's damage by depositing some or the amount of damage caused by the crime of this case, etc., the defendant's mistake is divided later, and the defendant's age, character and behavior, environment, family relationship, etc. are considered.