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(영문) 제주지방법원 2016.01.21 2015고단1333

사기

Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was operated by the family of the defendant in Western-si C around June 17, 2013, while the defendant was operated with her husband.

D A restaurant has been accumulated by the enemy due to the continued business depression, and the financial right debt under the name of the defendant is equal to KRW 50 million, and the defendant has been employed as an employee.

Since E is in a state of absence of certain income upon the retirement of Edo, even if the victim F borrowed money at a rate of 10 percent per month from the victim F, the victim does not have an intent or ability to repay it, and if the victim lends 10 million won to the victim, the victim will pay the interest in 100,000 won per month and pay the principal.

“The purpose of “ was to make a false statement.”

As such, the Defendant, by deceiving the victim as such, obtained 4.5 million won, subtracting 5 million won from the victim’s name as the borrowed money from the victim, and received 3.5 million won from the victim’s house, subtracting her prior interest from the same name as the victim, around June 24, 2013, from the victim’s house, and acquired 6.8 million won from the victim under the same name on December 26, 2013, and 7.5 million won around February 24, 2014, and 6.3 million won around May 24, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A criminal investigation report (Attachment of transaction details of passbooks of the suspect, and arranging the details of redemption of suspects);

1. (F Submission), copy of a certificate of repayment, copy of a personal rehabilitation creditor's list (F Submission), family relation certificate (A), all of the registered matters, certificate of all the documents, receipt ledger, copy of the statement of transactions of free savings deposit (agricultural Bank in the name of the suspect), check number, copy of the check number, statement of deposit transactions of free savings, copy of each passbook, and application of Acts and subordinate statutes of the list of transactions of self-reliance deposits;

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the suspended sentence (see, e.g., Supreme Court Decisions 20