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(영문) 창원지방법원 진주지원 2019.10.30 2018고단1520

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 became final and conclusive.

Reasons

Punishment of the crime

On May 17, 2016, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the violation of the Road Traffic Act at the Changwon District Court's Jinju branch on May 17, 2016, and the judgment was finalized on May 25, 2016.

On March 27, 2015, the Defendant called from Jinju-si B to the victim C, and falsely stated that “The Defendant would have to pay the amount that he/she would have to pay to the victim immediately after one month if he/she borrowed only KRW 10 million.”

However, in fact, the Defendant did not have any intention or ability to repay money even if he borrowed money because he had a debt exceeding KRW 200,000 and was thought to meet other obligations even if he had a retirement allowance.

Nevertheless, on March 30, 2015, the Defendant, by deceiving the victim as above, received the amount of KRW 10 million from the victim to the D Association passbook account (E) in the name of the Defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement to C by the police;

1. A complaint, a credit information inquiry statement;

1. A statement of fact-finding to eachF association;

1. Division: Criminal history inquiry report, data relating to the date of judgment and final and conclusive date (the defendant was a plan to repay with an honorary retirement allowance to be received by the FF association accompanying the defendant, but the period of application for voluntary retirement has expired at the time of committing the crime. In addition, in light of the defendant's obligation details at the time, the defendant was found to have had the intention to deceive the defendant];

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting the crime: Article 347 (1) of the Criminal Act, the choice of imprisonment;

1. Concurrent treatment: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (In consultation with the victim, consideration of costs of punishment, degree of damage, health conditions, equity, etc. when a judgment is rendered concurrently with the crime for which judgment has become final and conclusive);