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(영문) 수원지방법원 성남지원 2017.05.25 2016고단2753

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around November 8, 2009, extended the interest of KRW 100,000 to KRW 200-30,000,000,000,000,000,000,000,000,000 won for each month, if the Defendant extended the money to be invested in the auction of real estate to the victim B.

“The purpose of this is to make a false statement.”

However, the Defendant had no particular income or property as a family owner at the time. Around that time, the Defendant was unable to lend KRW 62 million to C while investing in the auction of real estate, and was thought to repay the said C’s debt from the victim. Therefore, even if he borrowed money from the victim, the Defendant did not have any intent or ability to repay the principal by adding the interest and the profit within six months.

Nevertheless, the defendant deceivings the victim as above and acquired 69.8 million won as the loan money from the victim on November 9, 2009 from the victim to the national bank account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Application of Acts and subordinate statutes on a transaction confirmation receipt, a loan certificate, details of interest payment, and account details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Based on the reasons for sentencing under Article 62(1)(i) of the Criminal Act, the sentencing conditions specified in the trial process of this case, including the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as set forth in the Disposition above.

Unfavorable circumstances: The amount of fraud is not a large amount.

A favorable circumstances: A person who has not been punished by a fine, but has no other previous convictions other than once.

The defendant is making efforts to pay 4,7870,00 won by paying interest, etc. among them.