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(영문) 광주지방법원 순천지원 2021.02.04 2020고단2234
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

Around August 8, 2017, the Defendant prepared a false loan and a written statement to the effect that “A victim B, who had access to a specific place, was “B,” and was under the control of the Defendant’s parents, requested to lend money from the Defendant’s parents,” and that “Around August 10, 2017, the Defendant made a false loan and a written statement to the effect that “A victim would faithfully repay the principal, interest, and interest in arrears if he/she borrowed money from a bank on the date when the victim was designated by the victim, and the victim would have borrowed money from C around August 18, 2017 to the effect that “A victim would have faithfully repaid the principal, interest, and interest in arrears if he/she borrowed money from the bank, and the victim would not know the specific place of loan to the victim,” and that the victim would have deposited money in the name of the victim’s account at least KRW 15 million in the name of the principal and interest of the bank at least 28,000,00.”

However, since the Defendant did not borrow money from the Defendant’s parents, even if he borrowed money from the victimized party, the Defendant was planned to use it as personal debt repayment. Since there was a debt exceeding KRW 10 million without any specific property at the time, there was no ability to repay the money from the victimized party.

On August 21, 2017, the Defendant, by deceiving the victim, received KRW 14 million in total from the victim, under the name of D(E) and D(F) accounts in the name of the Defendant around August 21, 2017, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. B The receipt and receipt of police statements on B, the inquiry of transaction details, the investigation report on transaction details (Submission of suspect account details) and the application of Acts and subordinate statutes on each account;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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