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(영문) 부산지방법원 동부지원 2017.08.16 2017고단970

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a non-exclusive person, has been pro rata for about twenty (20) years ago with the victim B. On September 2015, the Defendant calls from the victim at the end of the end of the year to lend money to the victim in trust. On October 15, 2015, the Defendant borrowed money, including the interest calculated at a rate of five (5) per month, from October 15, 2015.

“The purpose of “ was to make a false statement.”

However, in fact, the Defendant had no particular property at the time, and there was no certain income from January 2015 because it was almost difficult to do so, and rather, there was no intention or ability to repay money to the victim as promised by the Defendant, such as not only did the Defendant have to pay the personal debt up to 50 million won, but also did not have to pay the debt up to 700 million won under the name of the Defendant’s husband.

The defendant deceivings the victim as above, and up to October 1, 2015 from the victim to the Busan Bank account in the name of the defendant, 8.280,000 won in the name of C, D, E on October 1, 2015; 4.670,000 won in the name of D, F on February of the same month;

3. 580,000 won in the name of D, the same month.

6. G or C, 3780,000 won, and the same month.

9. A total of KRW 6.4 million and KRW 4.5 million in the name of C on the 14th of the same month and KRW 28.21 million in the name of C were remitted and acquired by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Proof of contents, a certificate of borrowing, a statement of account transactions, a investigation report (Attachment to a detailed statement of account withdrawal and withdrawal transaction), a detailed statement of account withdrawal and withdrawal transaction, an investigation report (Attachment to a suspect's transaction statement), inquiry into details of free savings deposit transaction (A), and application of Acts and subordinate statutes to a report on investigation (a) and a report on account (

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. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing is considered) is that the crime of this case repeatedly obtains money from the injured party, and the nature of the crime is not good.