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(영문) 서울북부지방법원 2017.03.30 2016고단5405
사기
Text

The punishment of a defendant shall be four months by imprisonment.

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

Reasons

Punishment of the crime

On March 2016, the Defendant came to know of C around around 2016, and came to know about about two weeks with a relationship with C, and, with the knowledge that C wishes to continue to meet, had C get C a loan from the bank, and had C use it and had C use it to use it for lending the money.

At around 12:00 on April 12, 2016, the Defendant stated that “The Defendant would make a telephone call from the Defendant’s office to C, and that “I will pay the money by giving a loan in the name of four, with a passbook, cash withdrawal card, identification card, and prepare a false income confirmation document in the name of A and D, and borrow money.”

C Trusting that end, with a loan of KRW 9 million from the Hyundai Savings Bank on the same day in its own name, transferred KRW 8.3 million to the Defendant’s Nonghyup Bank account on the 13th of the same month, and transferred KRW 700,000 to the Defendant’s Nonghyup Bank account on the 20th of the same month, and around around the 20th of the same month, around the 20th of the same month, around 5 million from a savings bank, and

However, even if the defendant borrowed money from C, he did not have the intention or ability to pay the money.

The defendant acquired the same victim C by deceiving 14 million won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the prosecutor's statement protocol to C;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Determination of a suspended sentence under Article 62 (1) of the Criminal Act;

1. Recommendation type of sentencing criteria: One year from a month of imprisonment; and

2. Determination of punishment: Recognizing errors, and the victim does not want the punishment;

There are three records of fines.

Before reaching agreement with the victim, the crime was denied.

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