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Reasons
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(영문) 창원지방법원 통영지원 2017.11.16 2017고단1099
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In June 2016, the defendant extended money to the victim D at the ‘C cafeteria' in Tong Young-si B around 2016, the defendant will pay the principal more than twice the principal if he/she lends money to the victim D.

‘False speech' was made.

However, in fact, the Defendant borrowed money from the injured party and used it for private sports discussions and daily expenses, so there was no intention or ability to pay the borrowed money more than twice, and there was no particular property or sufficient income, and there was no intention or ability to pay the borrowed money to the injured party.

Nevertheless, the Defendant, on June 15, 2016, received from the injured party KRW 4.5 million from June 15, 2016, KRW 5 million from June 16, 2016 to June 23, 2016, KRW 3.2 million from June 24, 2016, KRW 5 million from June 30, 2016, KRW 5 million from June 30, 2016, KRW 3 million from July 26, 2016, and KRW 20.7 million from the total five times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to D;

1. Each report on investigation;

1. Details of transactions and inquiry into credit information;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347(1) of the Criminal Act applicable to criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the defendant's reason for sentencing of imprisonment with prison labor is against the truth-finding after recognizing the crime of this case, the defendant partially recovered from damage by paying money and agreed to repay the remainder of the money, the defendant has no record of criminal punishment exceeding a fine, and other various sentencing conditions, including the defendant's age, sex, family relationship, and circumstances after the crime, shall be determined as per the order.

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