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(영문) 수원지방법원 안산지원 2016.01.07 2015고단2858

사기

Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On January 10, 2009, the defendant extended money to the victim C to the victim on or around January 10, 2009.

The phrase “ makes a false statement.”

However, in fact, the Defendant received loans at the time, but did not have any intent or ability to pay the loans normally even if he borrowed money, because it was thought that the loans would be used to repay the existing debts, and the loans would not have any specific property.

As above, the Defendant, by deceiving the victim as above, received 5,750,000 won from the victim C to the national bank account under the name of the Defendant as the same day, and received 17,160,000 won in total from the three victims over 20 times from November 5 of the same year from that time, such as the list of crimes in attached Form 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor and the police concerning C in each protocol;

1. Descriptions of each written complaint filed in D and E;

1. Application of Acts and subordinate statutes to each of the copies of a loan certificate, etc., inquiries about the details of each transaction, each statement of transaction, statement of transaction by account, and statement of account transaction;

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. In light of Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Reject an application for compensation order (the amount of damage claimed by the applicant, the difference between the amount claimed by the applicant for compensation and the amount of damage indicated in the judgment, the applicant for compensation failed to submit any supporting materials, and the Defendant partially repaid the amount of damage, the application for compensation order filed by the applicant for compensation order shall be deemed to be a general fraud within the scope of punishment recommended for sentencing.