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(영문) 인천지방법원 부천지원 2014.07.09 2014고단1188

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant shall start on April 5, 2012, and end on July 2014, the name “31 No. 31” around April 5, 2012, and terminate on or around July 2014, and shall pay KRW 30,000 per month, KRW 1,000 per month, and KRW 1,30,000 per month before receiving the fraternity; and KRW 1,30,000 per month, KRW 1,30,000 per month, from April 4, 2012 to September 5, 2012; KRW 60,000 per month, from October 30, 2012 to April 30, 2012, the Defendant shall receive KRW 300,000 per month, respectively.

b. be paid in good faith by joining the State as a member.

“The purpose was to make a false representation.”

However, the Defendant did not have any particular income or property at the time, and there was no intention or ability to pay the subsequent payment to the victim, even if he received the payment from the victim as above, such as there was an individual debt which exceeds KRW 100 million.

Nevertheless, from October 9, 2012 to June 2, 2012 of the same year, the Defendant deceiving the victim as above, and acquired the amount of KRW 30,660,000 from KRW 30,000 to KRW 30,660,000,00 in its own agricultural bank account (Account Number D) from around October 9, 2012 to KRW 1,350,000 in borrowed money to the victim, ② interest KRW 1,350,000 in borrowed money, ③ unpaid amount of KRW 1,30,000 in real receipt.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Details of each account transaction (C, A);

1. A copy of the roll of members of the fraternity;

1. Application of investigation reports (Attachment to the list of individual rehabilitation creditors, etc. of suspects), the list of individual rehabilitation creditors, and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) is as follows.