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창원지방법원 2016.09.01 2016고단1923

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 became final and conclusive.

Reasons

Punishment of the crime

On April 7, 2014, the Defendant made a false statement to the victim B by telephone, stating that “A bank balance certificate is required to be issued to the victim B, who borrowed KRW 30 million as the money is required to be paid to him, shall complete a bank balance certificate and return it after one week.” On April 11, 2014, the Defendant made a false statement to the victim B by telephone, stating that “A bank balance certificate is required to be issued to the victim for the purpose of proving the balance of bank accounts with respect to the person other than the Republic of Korea.”

However, in fact, it was thought that the victim would invest the borrowed money in the Liart-related business, and there was no intention to use it for the certification of balance of banks related to the non-party, and there was no intention or ability to pay the borrowed money from the victim.

Around April 7, 2014, the Defendant received KRW 30 million from the Defendant’s Korea Exchange Bank account, and KRW 50 million from the Defendant’s Korea Exchange Bank account on April 12, 2014, respectively, on or around April 12, 2014.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that the defendant is led to confession and reflects against his/her will, that the victim is not subject to punishment by agreement with the victim, and that the defendant has no same criminal power to punish him/her);