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(영문) 인천지방법원 2016.02.16 2015고단5220

사기

Text

A defendant shall be punished by imprisonment for one year.

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 December 23, 2010, the Defendant sold a house located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul, to the victim C in the vicinity of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

It is expected to give sufficient compensation to the payment of the fee and the payment of the money.

“The phrase “ was false.”

However, the Defendant did not need money in relation to the sale of a house in Daegu. Even if the Defendant borrowed money from the injured party, the Defendant was thought to use the funds for the operation of the salt room and for repayment of his personal debt. At that time, the personal debt was approximately KRW 30,000,000, and there was no intention or ability to repay the income from the operation of the salt mine even if the income from the operation of the salt mine was used in most of the cost of living to borrow money from the injured party.

The Defendant: (a) by deceiving the victim as above, received KRW 5,300,00 from the victim to the Agricultural Cooperative account under the name of the Defendant on the same day; and (b) from then on July 11, 2013, issued a total of KRW 120,739,00 on 111 occasions, such as the daily list of crimes (1) in attached Table 111; and (c) from December 17, 201 to June 1, 2012, the Defendant acquired the total amount of KRW 15,29,35,36,52,53,93,93,90,00 (excluding No. 15,15,293,536,94,62) in attached Table 12 (2) from December 17, 2011 to June 1, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal testimony of the witness C and the police statement of C;

1. A detailed statement of each transaction and a detailed statement of credit card use;

1. Application of Acts and subordinate statutes to inquiries into each credit information;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (the point of each fraud and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act provides that the suspended sentence shall be repaid not less than KRW 120,000,000, and the difference shall be repaid in good faith.