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(영문) 청주지방법원 2015.12.21 2015고단161 (1)

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

In 200, the Defendant was a bad credit holder due to the Defendant’s failure to repay 100 million won of bank loans, and even if he was subject to the personal rehabilitation procedure, around 2012, the Defendant owed a debt of 30 million won. From August 2012, 2012, the Defendant was under suspension of construction due to the Defendant’s failure to repay credit debts to the customer.

Therefore, even if they borrowed money from others, they did not have the intention or ability to repay it.

Around August 3, 2012, the Defendant received KRW 5,00,000,00 from the Defendant to the Defendant’s new bank account with the name of the Defendant’s new bank account, stating that “The purchase price is insufficient in purchasing the land in Cheongju” from the Cheongju to the victim E in a motor vehicle.

On August 13, 2012, the Defendant continued to receive KRW 2,000,000 from the victim to the Defendant’s new bank account, and received KRW 10,000,000 from the Defendant to the Defendant’s new bank account on September 28, 2012, and received KRW 2,00,000,000 as the Defendant’s new bank account on October 26, 2012.

As such, the Defendant received a total of KRW 19,000,000 through four times by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application of the Acts and subordinate statutes on a sales contract for real estate, a note for the payment of construction price, the estimated amount of construction price for each company;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] There is no basic area (6 months to 100,000 won) (6 months to 100,000 won) of the basic area (6 months to 100,000 won) of the suspended sentence (the decision of sentence] [the decision of the person who has been acquired as a special person] and the fact that the person has not received a written statement from