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(영문) 창원지방법원 2018.03.21 2017고단4004

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

In March 2017, the Defendant would make a loan to the victim D, who is a late-time employee of the Defendant, in the middle-time Kim Jong-si, who works for the Defendant on March 2017, to receive a loan under the name of his father as he is no longer able to obtain a loan under four (4) as his father is in need of a large amount of hospital expenses and to repay the existing loan, and would make it possible to receive the loan from him to receive the transfer of the possessor by restoring the credit with the money within one (1) month.

“The phrase “ was false.”

However, even if the defendant borrowed a loan from the injured party, he was thought to use the defendant's living expenses or urgent bonds to repay part of the loan, and the defendant did not have an intention or ability to recover the credit extended to the extent that he is succeeded to the loan in the name of the injured party within the date of the promise with the injured party.

On March 27, 2017, the Defendant received KRW 43.5 million from the damaged party to the new bank account (E) under the name of the Defendant, as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Where the applicable Article of the Act and Article 347 (1) (a) of the Criminal Act regarding criminal facts and Article 347 (1) (a) of the Criminal Act on the selection of punishment for specific sentencing guidelines are less than 100 million won as the basis for the classification of types of punishment, or where the sentencing is less than 100 million won as the basis for the classification of types of punishment: from June to June 1 from June to June 2: The person subject to no special sentencing guidelines: The person subject to general sentencing in the basic area (from June to June 1): The person subject to aggravated punishment (use of personal confidence): Imprisonment with prison labor for a period of four months: confession, partial repayment (7 million won as the principle): There is no previous conviction (a suspended sentence of this paper), etc.