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(영문) 대전지방법원 천안지원 2017.09.22 2017고단1113
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, at the end of July 2013, 2013, made a false statement to the effect that “D Hanwon” located in Boan-si, Boan-si, the victim E (64 tax) is an operator of the said Council member, and that “if one Council member’s operational fund is urgently required, the Defendant shall pay monthly interest, and the principal shall be repaid after one year.” However, the Defendant was merely an operator of the said Council member, and the Defendant did not operate the said Council member, while there was no particular property at the time, the Defendant was liable for the said KRW 100 million or more, even if she borrowed money from the damaged person, there was no intent or ability to repay the said borrowed money to the victim as agreed upon.

As such, the Defendant, by deceiving the victim, received a copy of KRW 30 million from the Agricultural Cooperative, under the name of the above loan, under the name of the said loan, from the victim of the damage, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police for E;

1. A copy of the contract and data on payment of checks;

1. The accusation [the intent to commit fraud is recognized in full view of the following facts: (a) although people, including the victim, knew of the victim at the time of borrowing money from the victim to the operator of one Council member; (b) the victim borrowed most of the money from the victim for any purpose other than one Council member’s operating fund; (c) the victim used it for any purpose other than one Council member’s operating fund; (d) the victim did not fully pay interest only once; and (e) the Defendant’s property and debts at the

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order of community service [the scope of recommendation] and the general fraud (the amount less than KRW 100 million).

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