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(영문) 춘천지방법원 영월지원 2018.05.29 2018고단85

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On April 19, 2017, the Defendant was sentenced to a suspended sentence of two years for criminal fraud, etc. at the Seoul Eastern District Court, which became final and conclusive on the 27th of the same month.

[Criminal facts] The Defendant, on May 3, 2014, borrowed money from the victim C to him/her at no more than Seopo-si, Seopo-si on May 3, 2014.

The phrase “ makes a false statement.”

However, the Defendant had no particular property at the time, and the personal debt was equivalent to KRW 120 million, and the interest per month was equivalent to KRW 800-90 million, and even if the Defendant borrowed money from the injured party, such as preventing so-called return of the said debt, there was no intention or ability to repay the debt.

Defendant deceiving the victim as above and received 500,000,000 won from the Defendant’s new bank account on the same day from the victim, and subsequently acquired 58,00,000 won through a total of 14 times from January 30, 2016, as shown in the List of Crimes, from around January 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of loans borrowed;

1. A certificate of transaction confirmation;

1. A trading statement;

1. A further complaint;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (Attachment to previous rulings, etc. on the same criminal history), and copy of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act recognizes the crime of this case, the need to consider equity with the case where the judgment was rendered simultaneously with the case where all the criminal facts stated in the judgment became final and conclusive, and a part of the amount of damage will be paid additionally through the personal rehabilitation procedure.