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(영문) 전주지방법원 2018.07.04 2018고단183

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is bound by the defendant, and the victim C is the spouse of the defendant D.

1. On June 2, 2013, the Defendant made a false statement that “The Defendant would lend KRW 30 million to the victim at the home of the victim located in Busan-si, Busan-si, Seoul-si, and would pay the principal one year later on the loan of money to the victim.”

However, the Defendant had no particular property or income at the time, and there was a debt of about KRW 50,00,000,000. Therefore, even if he borrowed money from the injured party, he did not have the intent or ability to repay it.

On June 13, 2013, the Defendant, by deceiving the victim, received KRW 23.5 million from the victim to the North Bank account before the Defendant’s name on June 13, 2013, and obtained KRW 1.5 million in cash on the same day and acquired KRW 25 million.

2. On November 10, 2013, the Defendant made a false statement that “The Defendant would lend 6 million won interest to the victim and make a full payment after the tin month,” at the victim’s fat home of the victim’s fat home located in the North Korea-gunF.

However, the defendant did not have the intention or ability to pay the damages even if he borrowed the money from the damaged person for the reasons of Paragraph 1.

On November 12, 2013, the Defendant, by deceiving the victim, received 6 million won from the victim to the former North Bank account under the name of the Defendant and acquired 6 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C and D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Application of the Acts and subordinate statutes of record attached to investigation reports (GH hearing of statements by company), investigation reports (Submission of materials and hearing of statements by complainants);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. Summary of the assertion 1) The Defendant on June 2013.