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(영문) 창원지방법원 2017.03.29 2016고단4176

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 2, 2016, the Defendant: (a) at the victim C’s house located in Seongbuk-gu, Changwon-si, Changwon-si, Sungwon-si; (b) “Is children operate a music private teaching institute at the Changwon-dong; (c) have borrowed money of KRW 20 million necessary for the expansion of the private teaching institute; (d) has been granted a loan as security; and (e) has fully repaid the loan within one month; and (e) has paid 10 percent of the interest.

The phrase “ makes a false statement.”

However, in fact, the Defendant had already been liable for approximately KRW 12 million, and even if money was paid, there was no intention or ability to repay the said money even if he borrowed money from the injured party because the Defendant was planning to repay other paid-in debts first.

On April 12, 2016, the Defendant: (a) by deceiving the victim; and (b) received money of KRW 20 million from the Defendant 1,00,000,000 from the victim, for the purpose of borrowing money.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. A person whose sentencing under Article 62(1) of the Act on the Suspension of Execution is less than KRW 1100 million as the base for the mitigation of types of punishment: A sentence of recommending the mitigation factors (unlimited to punishment): A sentence of imprisonment for one month or one year or more, one year or more, or six years or more from June 1 to June 2: A person who is subject to the general sentencing for one year (limited to the area of mitigation): A sentence of imprisonment for a period of one month or more: A mitigated factor (original offence), aggravating factor (use of personal confidence): A sentence of six months: A sentence of imprisonment for a period of four months or more: A sentence of imprisonment for a period of two years: A punishment of false fraud (20 million won): A ground for mitigation, such as confession, victim's non-guilty of punishment, and initial crime;