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(영문) 창원지방법원 2020.04.17 2020고단519

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On April 2016, the Defendant stated to the effect that “Around April 2016, the Defendant is running the business of creating and selling a power-driven housing site to the Cheongwon-si, Changwon-si 】 Dong 】 Dong 】 C’s dwelling area, and that “A person shall pay money to the said victim as he/she enters.”

However, in fact, the Defendant was in a bad credit position after the bankruptcy, and at the time there was an economic difficulty in paying a total of KRW 150,000,000 to the financial institutions, etc., and thus, most of the Defendant borrowed money from the victim for the purpose of using the money for living expenses or the repayment of debts to the financial institutions. Even if the Defendant borrowed money from the victim, it was used for the development project of the land for the land for the land for the land for the electric source, and there was no intention or ability to make the above victim repay the money through the sale of the house for electric source.

As above, the Defendant, by deceiving the said victim, was transferred from the said victim to the post office account (D) in the name of the Defendant, KRW 20 million on April 21, 2016, KRW 30 million on or around June 28, 2016, KRW 15 million on or around March 3, 2017, and KRW 65 million on or around March 3, 2017.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the details of each account transaction, loan certificates and replies to requests for financial transaction information;

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

1. The means that the amount of fraud by the criminal act is large due to the suspended sentence under Article 62(1) of the Criminal Act, the criminal defendant is recognized to have committed all the criminal acts, and the criminal defendant has no same criminal records, and the criminal defendant has reached an agreement between the criminal defendant and the victim, and the victim intends to be punished against the defendant.