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(영문) 수원지방법원 성남지원 2017.06.20 2016고단3469

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, around February 6, 2015, will lend the victim B with the mutual French page located in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, to the victim B as security and have the victim complete the payment within three months.

“The phrase “ was false.”

However, at the time, the Defendant had already set up a collateral security on the sirened vehicles offered as security, and only one of the installment of the vehicle was paid at one time, and the said vehicle was virtually not worth collateral value. At the time of the next use, the Defendant was liable for the total amount of KRW 150 million, including loans of KRW 30 million in the financial right, and the enemy was still unable to pay the monthly forest road for the factory, and there was no intention or ability to repay the said vehicle even if he borrowed money from the damaged party due to the absence of any other property.

Nevertheless, on February 6, 2015, the Defendant: (a) by deceiving the victim; (b) transferred KRW 5 million to the national bank account in the name of the Defendant on February 6, 2015; and (c) obtained transfer of KRW 8 million to the same account around February 9, 2015, and acquired the total amount of KRW 13 million.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against B;

1. Copy of the loan certificate;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes to investigative reports ( telephone communications in person in charge of modern Capitals);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration, such as the fact that the defendant reflects the error, that the defendant repaid 5 million won to the victim, that the remainder of the damage is sufficient to repay, that the defendant agreed smoothly with the victim, that the defendant has no record of being punished for the same crime or of being punished exceeding the fine, etc.);