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(영문) 창원지방법원 진주지원 2013.07.16 2013고단584

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 8, 2010, the Defendant was sentenced to a suspended sentence of two years for criminal fraud in the Changwon District Court's Jinju Branch's Seoul District Court's Seoul District Court's order on October 201, and the judgment became final and conclusive on the 16th of the

On July 2007, 2007, the Defendant stated that “The Defendant would receive and repay the money after a week from the first day of lending money to the victim C’s clothes in Jinju-si, Jinju-si.”

However, in fact, as the Defendant was expected to receive the fraternity, it was required to receive KRW 8 million, which is a part of the fraternity, and it was difficult for the Defendant to pay interest on the amount of KRW 300 million every month, so there was no intention or ability to pay the said amount even if he borrowed money.

Nevertheless, the Defendant made such false statements to the victim and received KRW 20 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Second written examination of the accused;

1. Statement to C by the police;

1. Cash storage certificate and a statement of payment;

1. Criminal records and the application of applicable statutes of each judgment;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of circumstances such as background of employment, degree of damage, family relationship, etc.);

1. Social service order under Article 62-2 of the Criminal Act;