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(영문) 부산지방법원 동부지원 2018.05.30 2018고단374

사기

Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. On March 24, 2008, the Defendant, on March 24, 2008, told the victim D, who was a four-way passenger vehicle parked in front of the Busan Southern-gu C Housing, to pay interest on the loan of KRW 15 million to the victim D, who was a four-way passenger vehicle in front of the defendant's vehicle located in Nam-gu Busan-gu, Busan-gu C Housing. The principal would be repaid until March 24, 2009.

However, at the time, the Defendant had a debt amounting to KRW 75 million, and the income at the time was difficult to pay the principle of the above debt, while there was no intention or ability to pay the debt even if the Defendant borrowed money from the damaged party due to no particular asset.

The Defendant, by deceiving the victim, was issued a copy of the check in front of the victim’s right of KRW 15 million around that time.

2. The Defendant, on May 30, 2008, made a false statement to the effect that at the same place as Paragraph 1, around May 30, 2008, the Defendant lent KRW 10 million to the said victim under the same name as Paragraph 1, at the same place as Paragraph 1.

However, the defendant did not have any intent or ability to repay even if he/she borrowed money from the injured party, such as Paragraph 1.

The Defendant, as such, by deceiving the victim, received a copy of the check from the victim to himself/herself at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing receipt of cash custody;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act 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 on the suspended execution;

1. The victim's damage has not been recovered until a considerable time has passed since the reason for sentencing Article 62-2 of the Criminal Code of the community service order.

However, the fact that the defendant's mistake is seriously against himself, the first offense, the degree of the deception in this case seems to be relatively weak, and the defendant's age, environment, sexual conduct, and the means and result of the crime.