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(영문) 수원지방법원 안산지원 2019.07.05 2018고단4091

사기

Text

A defendant shall be punished by imprisonment for four months.

However, 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

[Criminal Power] On November 29, 2018, the Defendant was sentenced to a suspended sentence of three years on December 7, 2018 in the Suwon District Court’s Ansan Branch for criminal fraud, and the said judgment became final and conclusive on December 7, 2018.

【Criminal Facts】

On July 31, 2017, the Defendant stated that “D” located in Ansan-si, A, the workplace of the victim B, means that “A” was the president who is performing the boiler pipeline construction within the “E” large enterprise, and the capital is necessary to start the construction, and that, if the construction is completed, it would result in an enormous profit. When investing money in the construction cost, the Defendant would make a monthly profit and pay the principal three months later.

However, in fact, the defendant did not recruit investors related to the pipeline construction that the E company proceeds, and the defendant was a plan to use the defendant's card loans for the purpose of not investing in boiler pipeline construction even if he received money from the victim.

Nevertheless, the Defendant, as seen above, by deceiving the victim and receiving KRW 5 million from the victim to his own F Bank account on the same day, and receiving KRW 15 million on August 4, 2017, and KRW 3 million on August 10, 2017, respectively, and received KRW 23 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The loan certificate, details of deposits, and financial transactions;

1. Previous convictions in judgment: Application of one copy of the summary agreement of the case and one copy of the judgment and other Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, inclusive, the choice of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and the defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as set forth in the text.

Terms and conditions at a disadvantage: the same kind;