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(영문) 수원지방법원 안산지원 2015.01.13 2014고단2443

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is the main driver of the (State)C in Gyeonggi-gu, B and 212, and the victim D is the representative of the above State (State)C.

On September 6, 2013, the Defendant made a false statement to the victim on September 6, 2013, stating that “If the Defendant borrowed KRW 22,00,000,000, the Defendant would sell the said vehicle again after purchasing it and pay interest of KRW 1.5% per month on the principal and/or per month.”

However, in fact, the defendant did not intend to purchase the above car and thought to use the above money for personal purpose, so even if he borrowed the above money, he did not have the intention or ability to pay it.

Nevertheless, the Defendant received 22 million won from the victim on September 6, 2013.

The Defendant received a total of KRW 120 million over five occasions from around that time to December 23, 2013 in the same manner as the list of crimes in the attached Form, as shown in the list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the details of account transactions;

1. The pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the circumstances unfavorable to the reasons for sentencing a sentence of imprisonment: The defraudation of KRW 120 million using personal trust relationship, which appears to have not been repaid, but appears to have been used as gambling funds, and the victim opened a billiard with a loan of KRW 250 million and provided an opportunity for recovery from damage by entrusting the operation of the defendant, but rather, the defendant is not in good condition after the crime: The fact that the defendant is the time of the crime of this case; the victim has cancelled the complaint; the victim has been partly repaid; and the defendant has the same criminal power.