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(영문) 수원지방법원 안산지원 2013.10.16 2013고단1673

사기

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant made a false statement to the victim D and the victim from June 9, 2012 to February 1, 2013, that the Defendant would receive monthly payment from the victim if he/she borrowed KRW 1 million from his/her mother, and that the Defendant would receive monthly payment from the victim in front of the Nowon-dong National Bank on July 9, 2012.

However, the defendant had a debt of KRW 10 million at the time, and even if he/she borrowed money from the victim, he/she did not have an intention or ability to repay the debt even if he/she borrowed money from the victim in the state of the enemy of each month.

The Defendant received or remitted KRW 34,285,000 in total over 11 times as shown in the separate crime list, such as deceiving the victim and receiving KRW 1,00,00 from the victim’s position.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Complaint;

1. Application of specification of transactions, specification of transactions, and statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act suspended execution (the confessions and reflects on the crimes in this case, the defendant has no particular criminal record, the circumstances leading to the crimes in this case, the age of the defendant, etc.);

3. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.