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(영문) 수원지방법원 안산지원 2016.06.29 2015고단1828 (1)

사기

Text

A defendant shall be punished by imprisonment for four 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

Around March 3, 2011, the Defendant borrowed KRW 30 million in the name of her mother at the office of the New Capital Co.,, Ltd. located in Gangnam-gu Seoul Metropolitan Government, and additionally borrowed KRW 15 million in the name of B at the above office on September 1, 2011, the Defendant entered into a contract to transfer KRW 45 million out of KRW 10,000,000,000,000 to the said new Capital Co., Ltd. (hereinafter referred to as the “B”), and around September 7, 2011, the Defendant notified the Plaintiff, a lessor, of the transfer on September 7, 201.

On August 27, 2012, the Defendant made a false statement to the effect that the Defendant would have taken the deposit for lease from the damaged party upon the expiration of the lease period from the party who was returned to the injured party at the expiration of the lease period.

However, as the defendant tried to use the above lease deposit amount of KRW 15 million for business funds, personal debt repayment, etc., the defendant did not have the intention or ability to deliver the total amount of the claim transferred to the new capital.

Nevertheless, the Defendant received from the injured party the amount of KRW 90 million, excluding KRW 11,00,000,000,000 which was already paid as the security deposit at around that time, and 30,000,000 to the new capital.

Accordingly, the defendant was given a delivery of KRW 15 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning a loan transaction agreement, a lease contract, and a notice of assignment of claims;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is to recognize and reflect the wrongness of the defendant.

The agreement was reached with the victim.

There is no record of the crime.

In addition, the records of this case, such as the amount of damage, the age, conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., and all of the sentencing conditions shown in the previous theories shall be determined as the sentence as ordered.