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(영문) 인천지방법원 부천지원 2017.10.20 2017고단1942

사기

Text

A defendant shall be punished by imprisonment for six 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

[Criminal record] The Defendant was sentenced to imprisonment with labor for fraud, etc. from the vice branch of the Incheon District Court on July 5, 2017 on July 13, 2017, and the said judgment became final and conclusive on July 13, 2017.

[Criminal facts] Around the end of January 2016, the Defendant found in the family of the victim C, a private village located in the city of Won-si, the end of January 2016, and, “The Defendant divorcedd with her husband, but became bad due to her husband’s obligations, left the fireworks and carpets currently operated together with the wind, which became bad due to bad credit.

Since there are many difficulties, it is necessary to take over the above fireworks and the car page from the friendship, and the funds are needed.

The purpose of this study is to say that the car page of the State lending the fund was accepted, and the test was placed in the name of the State, and that the business was defective.

However, at the time, the defendant was thought to use the debt amounting to approximately KRW 70 million for personal debt repayment, etc. even if he received money from the injured party, and there was no intention or ability to operate a fireworks and a carpet in the same business with the injured party.

Nevertheless, on February 26, 2016, the Defendant: (a) received 700,000 won from the victim, by deceiving him/her as above, to a corporate bank account under the name of the Defendant; and (b) received 4.2 million won from the victim’s house on February 27, 2016; and (c) received 15 million won from the victim on March 15, 2016 to the Korean bank account under the name of the Defendant’s name under the name of taking over crym faf faf faf faf.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. To refer to certificates of account details and transaction details for each transaction account;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act provides that a person who has caused damage to the reason for sentencing is punished by the defendant.