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(영문) 인천지방법원 부천지원 2015.06.12 2015고단1069
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On March 5, 2011, the Defendant made a false statement to the victim F that he/she would repay immediately if he/she borrowed money to the victim F.

However, in fact, the Defendant was unable to pay monthly rent because it was difficult to operate singing, and even if the Defendant borrowed money from the victim to pay interest on this obligation due to a debt of KRW 100 million, he did not have any intention or ability to pay the money.

The Defendant received KRW 10 million from the victim to the new bank account in the name of the Defendant on the same day and received KRW 50 million in total from September 24, 2012 in the same way as the content of the annexed crime list from September 24, 2012.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A complaint, a copy of a loan certificate;

1. Financial transaction statement;

1. Application of Acts and subordinate statutes to a written agreement;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the details leading to the instant case, the point agreed with the victim, the confession and reflective points, and other factors such as the conditions of sentencing prescribed in Article 51 of the Criminal Act);

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