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Reasons
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(영문) 의정부지방법원 2015.12.01 2014고단4552
사기
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A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

1. Around 14:00 on December 22, 2010, the Defendant made a false statement to the victim D, “I will pay off only this mold if I borrowed KRW 2,00,000,00 as I would normally use it.”

However, at the time, the defendant had been operating with the husband of the defendant at the time, and the defendant was liable for the debts of approximately KRW 890 million in the bank account due to unreasonable investment in real estate, and credit card payments were overdue, and there was no intention or ability to repay the loans even if they were borrowed from the victim.

The Defendant, as such, by deceiving the victim, received 2 million won from the Defendant’s bank account (Account Number: E) in the name of the Defendant.

2. On January 23, 2011, the Defendant made a false statement to the victim, such as Paragraph 1, stating that “The Defendant will repay KRW 20 million by the end of June, 201, while lending money to the South-do factory relocation.”

However, at the time, the Defendant had been operating with the husband of the Defendant at the time, but there was no plan to move the factory. The Defendant was liable for an unreasonable real estate investment amounting to approximately KRW 890 million in the bank account, and the credit card payment was overdue, and there was no intention or ability to repay the loan even if the Defendant borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received 20 million won from the victim’s seat to the above national bank account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Transfer certificate and credit report;

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

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] general fraud.

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