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Reasons
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(영문) 전주지방법원 군산지원 2013.11.14 2013고단1025
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 201, 201, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 10,000,000,000,000 from the D cafeteria operated by the victim C, who had Btel 105 at the end of the period, the Defendant would pay the monthly interest and pay it after one year.”

However, at the time, the Defendant did not have any intent or ability to repay the debt even if it borrowed money from the victim because the Defendant had a debt worth at least KRW 50,000,000,000,000 per day as the interest on the debt was paid.

The Defendant received KRW 10 million from the victim on the same day.

2. On July 201, 201, the Defendant made a false statement to the said victim at the place indicated in the foregoing paragraph 1, stating, “I will make repayment after one month, if I lend money to the said victim for the operation of the marina.”

However, as the defendant continued to borrow money from the victim, the defendant did not have any intention or ability to pay the money.

The Defendant received KRW 5 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the C’s statement part);

1. Copies of cash receipts;

1. Copy of a statement of passbook transaction;

1. Application of Acts and subordinate statutes to copies of applications for bankruptcy and immunity;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the defendant led to the confession of the crime in this case, that the defendant repents wrong facts, that the defendant has recovered from damage, and that part of the

1. It shall be decided as ordered by the court on the grounds of Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act;

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