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(영문) 대전지방법원 서산지원 2019.09.18 2019고단498

사기

Text

A defendant shall be punished by imprisonment for six 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 February 2, 2018, the Defendant, at the Seocho-si B apartment and the Defendant’s house located in the Seocho-si, Seocho-si, and the Defendant’s house located in the Defendant’s house, concluded that “The Defendant, at the Defendant’s house, she would have a good profit in playing algorithm spathm, cutting off monthly interest with five copies per month, and cutting off the interest.” On February 2018, the Defendant, at the Defendant’s house, concluded that “the Defendant, at the Defendant’s house, intends to purchase the building along with his/her male and female residents. On the purchase of the building, he/she may immediately rent the building by setting the rent on the building. It may request the Defendant to lend money to pay the principal with

However, in fact, the Defendant was receiving a loan of KRW 9 million from a lending company, and was individually liable for a debt of KRW 10 million to its branch, and the Defendant was paying KRW 500-6 million to his/her wife’s hospital expenses, etc., and the economic situation was not good, so even if he/she borrowed money from the victim, he/she did not have the intent or ability to repay the money, and so there was no intention or ability to pay the money with the rent of the building because he/she purchased the money from the victim without using it for the purchase of the building, and he/she did not have any intention or ability to pay the money with the rent of the building.

Nevertheless, on February 12, 2018, the Defendant, by deceiving the victim, received 3 million won from the victim via E’s bank account (G) around February 12, 2018, and acquired 73.5 million won from that time to May 15, 2018 by transfer, from that time, from that time, through a total of eight times until May 15, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement of account transactions and details of financial account transactions;

1. Application of the Acts and subordinate statutes to replys to requests for investigation cooperation;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);