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(영문) 대전지방법원 2017.05.18 2017고단481
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 23, 2015, the Defendant: (a) at the “D Child Care Center” located in Sejong-si, Seoul around December 23, 2015, the Defendant granted the victim E, who is the D Child Care Teachers, with the loan of money; and (b) at the same time the principal would be returned immediately if necessary.

“A false statement” was made.

However, the defendant was thought to use the borrowed money from the injured party for his own living expenses and personal debt repayment, and because he did not have any particular economic ability at the time, he did not have the ability or intent to pay the agreed principal and interest normally to the injured party.

Nevertheless, the Defendant received KRW 5 million from the injured party to the Agricultural Cooperative (F) account in the name of the Defendant on the same day as a loan, from the injured party, from the time to March 25, 2015, and acquired KRW 29.6 million in total on seven occasions, as shown in the List of Crimes, from March 25, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to loan certificates, specifications of transactions, each transaction statement (Tropic association, agricultural cooperative), investigation report (report on the results of inquiry about suspect credit assessment information);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the following circumstances; (b) the Defendant’s age, sex, environment, family relationship; (c) the motive and consequence of the crime; and (d) the circumstances of sentencing as shown in the instant pleadings.

Normals which are disadvantageous: The amount of fraud is not a large amount and the amount of the money is not repaid: The whole crime is committed, the crime is against the mistake is committed, the money is divided and repaid, and the part is actually repaid according to the agreed contents, and the remaining amount is also in the future.

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