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(영문) 창원지방법원 2018.12.14 2018고단2586

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 5, 2017, the Defendant: (a) at the C office located in Seongbuk-gu, Changwon-si; (b) the victim D, who was employed as C security guard, was scheduled to sell used cars released from the court operating the auction vehicle office in Busan to auction at auction; and (c) the Defendant would borrow only KRW 40 million to require the funds to be notarized by the Bank as security and pay the money including interest on January 24, 2017.

The phrase “ makes a false statement.”

However, in fact, the defendant thought that he was able to gambling with money borrowed from the injured party, and there was no intention or ability to normally run the auction business for used cars.

Ultimately, the Defendant, as such, by deceiving the victim, received remittance of KRW 5 million from the victim on the same day from the victim, from February 5, 2017, and by deceiving the victim two times from the time to February 5, 2017, as stated in the list of crimes, and received a total of KRW 48 million from the victim on seven occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant (including twice or D parts of the statement);

1. Statement made by the police against D;

1. Investigation report (verification of the details of replies to the execution of a warrant of search and inspection of search and seizure, statements by reference E, and transfers to E account);

1. Details of passbooks and transaction details of each account (No. 15 through 17 No. 17);

1. Application of each statute on particulars of letters;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (referring to six months to one year) of the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to the period of less than 100 million won) of the general fraud; and

2. In order to raise money for gambling on the Internet, the Defendant is de facto deceiving the victim, who is a workplace partner, by means of a false speech without any ground, under the name of borrowing KRW 48 million at a time.