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(영문) 의정부지방법원 2016.09.28 2016고단44
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

In March 2015, the defendant's office located in the defendant's office located in the Guri-si, Mari-si, Mari-si, the victim E needs to pay money to the victim E.

B. A false statement was made to the effect that he/she would lend the prepaid money to B, and that he/she would receive KRW 1 million per month as interest.

However, even if the defendant received money from the injured party, he had no intention to lend the money to the injured party and to pay interest income, and the defendant was thought to use his personal debt amounting to 17 million won as the injured party's money for his personal living expenses.

In this respect, the defendant is the same from the damaged person.

4. 10.10 million won, 2 million won on 11th of the same month, 3 million won on 14th of the same month, and 15 million won on 15.0 million won on 14th of the same month were obtained and obtained by cash delivery.

Summary of Evidence

1. The legal statement of the defendant E in part of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A detailed statement of transactions from entering and withdrawing the police statement protocol to E, and the head of the execution document (the defendant had no intention to commit fraud at the time of borrowing money);

Although there is a change, the Defendant borrowed money from the injured party under the pretext of lending money to his pre-paid and receiving interest, the Defendant actually used the said money for the payment of the Defendant’s vehicle loans, the obligation of the lending company, etc., and the purchase of materials necessary for his own trees. The Defendant’s payment of interest to the injured party for a period of four months does not actually mean that the interest was paid to the injured party, and it merely appears to have been made for the concealment of the above fact.

According to the above evidence, the application of the law can be fully recognized as the criminal intent of the defendant's defraudation).

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts of crime (the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order.

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