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(영문) 창원지방법원 통영지원 2018.08.10 2018고단133
사기
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A defendant shall be punished by imprisonment for two years.

The defendant pays 227,940,000 won to the applicant by fraud.

Reasons

Punishment of the crime

On October 9, 2009, the Defendant made a false statement to the victim C on October 5, 2009, stating that “If her mother lends 20 million won as her mother needs to make an investment in real estate, her mother would pay interest on the three-month basis, he/she will repay her principal until January 8, 2010, which is three months later.”

In fact, around that time, the Defendant had accumulated bonds and reached approximately KRW 1 billion, and there was no intention or ability to repay the accumulated debt with the borrowed money even if he borrowed money from the injured party because he did not have any fixed income or property.

As above, the Defendant deceiving the victim and received KRW 7 million in cash from the victim on the same day, i.e., at the same day from the victim, and received KRW 10 million from the agricultural bank account in the name of the Defendant, and received KRW 10 million from the above day to June 2, 2010, by deceiving the victim over 13 times in total, as shown in the crime list from around the above day to June 2, 2010, and received KRW 227,940,00 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Details of account transactions with victims and application of the relevant Acts and subordinate statutes on loan certificates;

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. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Reasons for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., of the Declaration of Provisional Execution [Scope of Recommendation] General Fraud (Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. (Article 31(3) of the Act on Special Cases concerning the Punishment, etc., of Provisional Execution] (Article 2(10 million won or more, and less than 500 million won)] - Consideration of the basic area (Article 1-4 years or more): the amount of damage is large

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