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(영문) 창원지방법원 밀양지원 2019.02.14 2018고단412
사기
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A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

[Criminal Power] On September 27, 2017, the Defendant was sentenced to two years of suspension of the execution on August 11, 2017 by the Busan District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Crime of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes). The judgment became final and conclusive on October 26, 2017.

【Criminal Facts】

On June 2016, the Defendant made a false statement to the victim D’s “C” office located in Syang-si, Hayang-si, Manyang-si, that “The Defendant would pay the principal and the profits in return for the loan of KRW 40 million with the purchase price of Danmond. If the Defendant borrowed KRW 40 million with the purchase price of Danmond, it would pay the principal and the profits.”

However, in fact, the defendant thought that part of the money borrowed from the victim was used as a living cost, and there was no idea to purchase the Damond Won from Africa to 40 million won, and the victim did not have any intention or ability to pay the principal and profits to the victim properly as a bad credit holder.

Nevertheless, by deceiving the victim as above, the Defendant acquired the money from the F Bank account (G) in the name of F Bank (G) in the name of E on July 20, 2016 and acquired the money by deceiving the victim.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police suspect interrogation protocol of H;

1. Statement made to D by the police;

1. Certificates of transactions;

1. Details of account transactions (No. 8 No. 1)

1. Previous records of judgment: Criminal records, data inquiry, and application of each statute of judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The sentencing criteria do not apply to concurrent crimes under the latter part of Article 37 of the Criminal Code.

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