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(영문) 창원지방법원 2015.05.12 2015고단73

사기

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 16, 2013, the Defendant made a false statement to the victim E within the D cafeteria operated by the Defendant, Sungwon-si, Sungwon-si, Sungwon-si, and 201, that “If money is paid, 7% per month shall be paid, and 15 million won shall be paid, and 2 months shall be paid without mold.”

However, the facts are that the monthly rent of the above restaurant operated by the Defendant is over 15 months, and the above restaurant's deposit is entirely deducted, and the above restaurant's operation is not well-grounded, and there is no particular property. On the other hand, on the other hand, the debts amounted to KRW 300-40 million, and the debts amount to KRW 300-40,000,000, and it is extremely weak that it can be repaid within two months, but the above circumstances are concealed by the victim.

As above, the Defendant, by deceiving the victim, received 15 million won from the victim to the account of community credit cooperatives in the name of her parent F on the same day.

2. Around September 25, 2013, the Defendant made a false statement to the said victim that “If the amount of accommodation of a dormitory for his/her dependants is urgently needed and only three million won is lent, the Defendant would have to pay the said amount within two months along with the said 15 million won.”

However, as above, even if the Defendant borrowed money from the victim, it was extremely unreasonable to repay the borrowed money within two months, and even if the borrowed money was planned to use it as operating expenses of the above restaurant, it was also planned to use it as operating expenses of the above restaurant.

As above, the Defendant, by deceiving the victim, received 3 million won from the victim to the account of community credit cooperatives in the F on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes governing the determination of individual rehabilitation, letter, loan certificate, Kakao Stockholm screen, duplicate copy of passbook, and individual rehabilitation;

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.