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(영문) 부산지방법원 2019.02.18 2018고단5723

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 10, 2017, the Defendant was sentenced to imprisonment with prison labor and two months at the Busan District Court for fraud, and the judgment became final and conclusive on January 27, 2018.

【Criminal Facts】

On January 11, 2014, the Defendant made a false statement to the victim B, “The Defendant borrowed the money on January 20, 2014, with the monthly payment of KRW 10 million around August 2014, and the Defendant would pay KRW 50 million as an allowance if the C company occupies the company.”

However, the defendant did not have any intention or ability to pay the money even if he borrowed money from another person at the time exceeds 250 million won.

As such, the Defendant was issued a total of KRW 13 million from that time to April 2015, including deceiving the victim and receiving KRW 3,700,000 from the victim in cash as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement made by the police against B (including the statement made to B among the police interrogation protocol made to the accused);

1. Each certificate of borrowing;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Article 347 (1) of the Criminal Act applicable to the crime;

2. Selection of penalty penalty:

3. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

4. Article 62 (1) of the Criminal Act (Taking into account the agreement with the victim).

5. Social service order under Article 62-2 of the Criminal Act;