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(영문) 창원지방법원 2018.06.22 2017고단3607
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 13, 2014, the Defendant frequently provided money transactions to the victim G from the F amusement point located in Seongbuk-gu, Sungwon-si, Sungwon-si, the Defendant operated by the Defendant at the time of November 13, 2014.

The lending of KRW 20 million is different. 5% interest shall also be paid and the loan certificate shall also be drawn up.

The phrase “ makes a false statement.”

However, the Defendant did not operate the loan business and borrowed money from the victimized party to use it as expenses for the hospital, living expenses, main operating expenses, etc. of the mother. In fact, the Defendant did not have any intent or ability to repay the money from the victimized party even if he borrowed money from the victimized party, on the ground that his income alone is unable to meet the expenses for the mother’s hospital, living expenses, and main operating expenses.

As such, the Defendant, by deceiving the victim, received 20 million won from the victim’s new bank account in the name of the Defendant, and subsequently, acquired 81,00,000 won in total nine times from that time until July 15, 2015, such as the statement in the list of crimes, from July 15, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. A protocol concerning the examination of the suspect of the defendant (including the second and second examinations of the suspect);

1. Statement of the police statement related to G;

1. Each investigation report (as to attachment of suspect financial transaction details, attachment of credit information results, verification of closure of business, etc., attachment of telephone call details, attachment of omitted financial account details, H telephone investigation, I telephone investigation, suspect loan user);

1. Documents related to judgment and civil procedure;

1. Details of each financial transaction (22 pages, 139 pages of evidence);

1. Each certificate of borrowing;

1. Application of Acts and subordinate statutes to write down text messages and telephone calls;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the scope of recommending punishment] the general fraud (the amount of punishment shall be less than 100 million won).

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