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(영문) 수원지방법원 안산지원 2013.05.02 2012고단2505

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 August 7, 2011, the Defendant made a false statement to the victim D, “I would pay interest twice a month if I would lend I wish to Ignish with Ignish interest while Ignish with Ignish interest play.”

However, the facts did not only to raise the living expenses, but also to borrow money from others without any special property, there was no ability to pay the above interest and principal.

The Defendant was granted KRW 1 million from the victim on August 23, 201 and KRW 3 million on November 9 of the same year respectively.

As a result, the Defendant, by deceiving the victim, received property of 4 million won in combination.

2. Around September 22, 2011, the Defendant made a false statement to the victim E, stating, “The Defendant would lend money to the victim E for the purpose of giving two additional monthly interest.”

However, it was not only to raise funds for acquiring private teaching institutes, but also to borrow money from others without any special property, there was no ability to pay the above interest and principal.

The Defendant received a total of KRW 51,00,000 from the victim E, namely, KRW 9,80,000,000 from the victim E, and received a total of KRW 51,00,000, as shown in the attached list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E by the police;

1. A written statement of F, D, and G;

1. A statement of transactions of entry and withdrawal, a statement of transactions of each passbook, and a notarial deed;

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The nature and result of each of the crimes in this case under Article 62 (1) of the Criminal Act;