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(영문) 서울동부지방법원 2018.05.16 2017고단4249

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2016, the Defendant was sentenced to the suspension of the execution of four months of imprisonment for fraud in the support for the development of the Sugwon method, and the said judgment became final and conclusive on August 27, 2016.

On January 28, 2013, the Defendant: (a) called a telephone to C on an unclaimed land on January 28, 2013; and (b) borrowed KRW 50 million from the project cost required for the implementation project to sell the telecom to C; and (c) paid KRW 52 million, including interest KRW 2 million after the two-month period.

section 3.

If you send money to the account in Korea, you asked E to deliver the word "to transfer money".

However, the fact that the defendant used the fact that E has good credit for the victim, only he thought that he would invest in the Jeju-do duty-free shop business by lending money, and he did not intend to deliver the money received from the victim to E.

The defendant received 50 million won from the damaged person to the new bank account (Account Number:F) in the name of the defendant under the name of the defendant as a loan for E on the same day from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or C;

1. The loan certificate or the principal's financial transaction;

1. Previous convictions: Inquiries about criminal history and text of judgment (the Suwon District Court 2016No. 3045) shall apply to the Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: The amount obtained by deception of the crime of this case reaches KRW 50 million and the defendant did not receive a letter from the injured party: As to the recovery of damage caused by the crime of this case, the ownership of 810/50 of the public land portion No. 501 of the 59364 of the 5th, Ansan-si, Ansan-si, the 5th, the 5th, the 5th, the 5th, the 5th, the 5th, the 5th, the 5th, the 5th, the 5th, the 5th, the