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(영문) 수원지방법원 2020.11.26 2020고단5687

사기

Text

A defendant shall be punished by imprisonment for one year.

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

On August 23, 2018, the Defendant stated that “A victim D, who has been granted loans in E, etc., has a high interest rate, and if he/she lends the amount equivalent to KRW 37 million for the purpose of repayment of the loan, he/she shall repay the loan to him/her at a place where the interest rate is lower, after he/she repaid the loan.”

However, even if the Defendant received money from the victim, he did not think that he would have to repay the loan, and did not have any intent or ability to repay the money as promised to the victim because he had a debt other than E loans.

Nevertheless, on August 25, 2018, the Defendant, by deceiving the victim as above, received 37,050,000 won from the F account (G) under the name of the Defendant, from that time to March 18, 2019, by deceiving the victim as shown in the separate crime list, and then by deceiving the victim as shown in the separate crime list from March 18, 2019, and by deceiving the victim, received a total of KRW 119,15,930 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (in the name of a suspect, attaching credit information inquiry report), investigation report (in the name of a suspect, telephone for verification of payment of suspect);

1. A suspect F Account Transaction Statement and a suspect H Bank Account Transaction Statement;

1. Application of Acts and subordinate statutes to the head of a complaint (including the details of confirmation of account transfer by the Hbank, accompanied by the complainant, and the Stockholm sent and received by the suspect and the complainant);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance in which the defendant deceivings the victim who is friendly arrest on 12,000 won in total by deceiving him/her over 12,00 won, and the frequency of deception and the amount of defraudation

However, this case.