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(영문) 대구지방법원 경주지원 2015.03.04 2014고단847

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On May 21, 2013, the Defendant made a false statement to the victim E, “I need to make a director and be able to do so. If I lend KRW 7 million to the victim, I will make a full payment by September 30, 2013.”

However, the defendant did not have any intention or ability to repay the above money even if he borrowed the money with no certain property or occupation as a bad credit holder.

The defendant received 7 million won from the victim to the account of community credit cooperatives (G) in F's name on the same day.

2. On September 27, 2013, the Defendant made a false statement with the victim’s office that “if the Defendant lends KRW 3 million to the victim, he/she would have repaid the victim in a lump sum up to KRW 7 million prior to December 2013.”

However, the defendant did not have any intention or ability to repay the above money even if he borrowed the money with no certain property or occupation as a bad credit holder.

The defendant received 3 million won from the victim to the account of community credit cooperatives (G) in F's name on the same day.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each protocol of examination of the accused by the prosecution and the police (including the substitute part);

1. Statement of the police statement of E;

1. Application of accusation forms, details of transactions of entry and withdrawal, and Acts and subordinate statutes on loan certificates;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order (the scope of recommending punishment) and the basic area (six months to one year and six months) of the type of general fraud;