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(영문) 청주지방법원 2016.08.05 2016고정479

사기

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 10, 2013, the Defendant operated on January 10, 2013 by the Defendant in Young-gun B, Nam-gun, South and North Korea.

C At the store C, “The 15 million won loan is required to pay the money to the victim D, and the interest shall be deposited with five copies (750,000 won per month) and the principal shall be repaid three months after the loan.

“A false statement” was made.

However, in fact, the defendant had to pay more than KRW 8 million each month with interest on personal debts and paid-in installments. Since the defendant had already been in a situation preventing the return of the defendant's bonds by receiving money from others as a loan, there was no intention or ability to pay the money within the due date, even if he borrowed money from the damaged person.

Thus, the defendant deceivings the victim as above and transferred 15 million won to the Gwangju Bank account (Account Number E) in the name of the defendant on the same day under the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to filing of a complaint, specifications of account transactions, and certified copy of a process deed;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the sentence shall be suspended for the defendant in consideration of the fact that the defendant is the primary offender, the mistake is divided, the criminal intent of defraudation seems to be dolusenter than the conclusive one, the injured person in agreement with the injured party does not want the punishment of the defendant, and the situation that the injured person is shoting his wife, and the sentence shall be suspended for the defendant): It is so decided as per Disposition on the grounds of a fine of three million won or more and one hundred thousand won or more per day of detention in a workhouse.