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(영문) 대전지방법원 2021.01.29 2020고단3234

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

On February 2, 2020, the Defendant is the victim B, who was in a fluorial place not more than Daejeon Sung-gu, Daejeon. The Defendant is the right holder of a car page with the trade name of “E” in front of Da.

The dividend amount of KRW 40 million out of the shares is 5% per month.

If N.N. 20 million won is invested, the amount of KRW 1 million out of the dividends will be paid every month.

After the last 20 million won is returned, it will be returned to thener.

If we believe that it would be difficult, I would like to make a separate loan certificate, and would make a false statement.

However, if the Defendant received money from the injured party, he was able to repay his debt with his mother or use it for living expenses, and there was no idea to invest in the above carpet portion. Around that time, the Defendant did not have any intent or ability to repay even if he borrowed money from the injured party due to the remaining debt of the financial institution and the National Tax Service.

Nevertheless, on February 26, 2020, the Defendant received KRW 20 million from the injured party, at the G bank account (H) in the name of the Defendant’s living together, G bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report on the witness B's legal statement (to have the witness I telephone conversations, to inquire into the personal history of the suspect, and to submit the details of suspect account transactions);

1. Application of the Acts and subordinate statutes on CDs in filing a complaint, a statement of deposit transactions, a statement of conversation, a borrowing certificate, a record of recording, and a recording file;

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

1. Article 62(1) of the Act on the Suspension of Execution (this case’s crime is deemed to be inferior in light of the method and content of the crime, the amount of fraud is heavy, and the amount of fraud is heavy, and personal trust is used, and thus, there is a high possibility of criticism against the Defendant. However, the Defendant does not repeat the crime again when she reflects his/her mistake in his/her life through considerable detention.