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(영문) 의정부지방법원 2017.01.06 2016고단3460

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 10, 2015, the Defendant lent KRW 5,00,000,00 to the victim C of the non-commercial coffee shop located in the Masan-si, Busan-si on July 10, 2015.

The phrase “ makes a false statement.”

However, in fact, the Defendant borrowed money to raise money for gambling, and did not operate Cheongdo, and there was no intention or ability to repay the money even if he borrowed money from the injured party because of the idea of changing the passbook to receive the basic cost of living.

Nevertheless, the defendant obtained 5 million won from the injured party to receive 5 million won in cash on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Investigation reports (to be accompanied by documents submitted when a suspect A 2-time suspect interrogation protocol is prepared), investigation reports (other than the instant case verification of facts D), investigation reports (a certified copy of the real estate registry);

1. Application of Acts and subordinate statutes on the loan certificate and copy of passbook;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] In general fraud [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Punishment, etc. [Article 62(1) of the Act on the Punishment, etc. of Specific Fraud] [Article 62(1) of the mitigated area (Article 100 million won or less] [Article 62(1) of the Act on the Punishment, etc. of Specific Fraud]

However, there are various circumstances such as the Defendant’s confession of the instant crime, the fact that the victimized person does not want the Defendant’s punishment in agreement with the victim, the fact that the defrauded did not want the Defendant’s punishment, and the fact that the amount of fraud was not much easy, and other circumstances such as the Defendant’s age, occupation, sexual conduct, details of the crime and circumstances after the