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(영문) 수원지방법원 안산지원 2017.07.05 2016고단4897

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 29, 2015, the Defendant was liable for a loan of KRW 4 billion to the Suwon-si D Office located in Ansan-si, Seoul-si, and the Korea Deposit Insurance Corporation borrowed money from the victim E due to economic difficulties due to the liability for damages of KRW 80 billion, etc., and thus, despite the Defendant did not have the intent or ability to repay the borrowed money, the Defendant is unable to implement remodeling construction works for the 5th floor and the 7,88, and September of the 7th floor of the 7th floor of the 5th floor of the 5th floor, the 7th floor of the 7th floor of the 6th floor, the 7th floor of the 7th floor of the 7th floor of the 7th, and the 7th floor of the 7th floor of the 7th floor of the 7th floor of the 7th floor and the 50 million unit of the 5

The phrase “only one month shall be used for the loan of KRW 50 million, and it shall be paid immediately with the loan, and the remodeling work shall also be ordered.” It received 30 million won from the injured party to the Saemaul Treasury (G) account in the name of the Defendant’s wife immediately from the injured party and acquired it by money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A process deed;

1. Application of Acts and subordinate statutes governing deposit certificate;

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the injured person does not want the punishment against the accused

1. It is so decided as per Disposition for the reasons of not less than Article 62-2 of the Criminal Act;