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(영문) 수원지방법원 2014.10.15 2014고단2826

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On February 2, 2009, the Defendant committed the crime of February 2, 2009, the false statement was made to the effect that “A victim E lends KRW 100,000 to the domestic investment, with a loan of KRW 100,000,000,000 to the domestic investment, shall be repaid without a molding two months later, and a monthly interest shall be paid.”

However, even if the defendant borrows money from the victim, he did not have any intention or ability to repay it on the agreed date.

The defendant, by deceiving the victim as such, has received KRW 10 million from the victim to the agricultural bank account of the defendant on the same day, and has received the same year.

2.3. 90 million won was issued, such as the issuance of cashier's checks.

2. Around February 13, 2009, the Defendant, at the same place as the victim E, made a false statement to the effect that “on April 30, 2009, if he/she lends KRW 5 million to the victim E, he/she will repay and pay the interest of KRW 1 per month.”

However, even if the defendant borrows money from the victim, he did not have any intention or ability to repay it on the agreed date.

The Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the Agricultural Cooperative Account of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the defendant in E in the protocol of interrogation of the suspect;

1. Each certificate of borrowing;

1. Application of Acts and subordinate statutes on banking transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes (the reason for sentencing under Article 38(1)2 and Article 50 of the Criminal Act: in the case of intentional deception or the degree of deception is weak (the scope of recommending punishment), the defendant is divided in October to June, 10, and there is no special criminal record, and there is no history of punishment for the same kind of crime, but the amount of damage has not reached KRW 10 million, and the damage has not been recovered.