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(영문) 수원지방법원 여주지원 2017.07.26 2016고단1479

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of three years for fraud at the Suwon Fagwon on October 16, 2014, and the sentence was finalized on the 24th of the same month on the 26th of the same month. On March 26, 2015, the Defendant was sentenced to a suspended sentence of one year for imprisonment with prison labor at the Seoul Northern District Court for the same crime and two years for a suspended sentence of two years for the same reason.

4.3. The judgment became final and conclusive, and on July 20, 2016, the judgment became final and conclusive on December 21, 2016, after being sentenced to eight months of imprisonment with prison labor for the same crime in support of Sung-nam branch of Suwon.

[2] On April 30, 2015, the Defendant: (a) on April 30, 2015, the victim D, who was aware of in-house at a mutually undeveloped restaurant located in Gyeonggi-do, is going to use the trade business in which agricultural products are imported and sold in China; and (b) to lend money necessary for importing goods, and to pay the principal and pay interest.

The phrase “ makes a false statement.”

However, even if the Defendant borrowed money from the injured party, he was planned to use the money as an individual’s repayment and cost of living. While there was no other fund or property to import agricultural products in China at the time, there was no intention or ability to repay the money even if the Defendant borrowed money from the injured party due to economic difficulties, such as about KRW 170,000,000,000.

Nevertheless, the defendant's 20 million won on the same day from the injured party, and the same year.

5. The sum of KRW 26.5 million, including KRW 5 million and KRW 1.5 million on November 19, 199, was remitted to the post office deposit account (Account Number: E) in the name of the defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Four copies of deposit transactions;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement, criminal history, and replys to inquiries, investigation reports (Attachment to suspect A judgment, etc.);

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. Handling concurrent crimes;