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(영문) 창원지방법원 2013.07.31 2013고단1674
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, along with her husband C, was financially unable to operate the “E company” factory operated by C at the window D of Changwon-si, and conspired to lend money from the victim to use it as the operating fund of the business.

Around July 10, 2006, the Defendant made a false statement to the victim’s house of the Victim G, Changwon-si, F apartment 110 Dong 1601, the Defendant “A large number of children doing licensed customs brokers lend KRW 50 million to the Defendant, “A large number of children doing licensed customs brokers, using only one week, using only the money.”

However, the Defendant was thought to use the money as the business operation fund of C by lending money from the victim, and the said “E company” had already been in a state of financial difficulties due to default, and the Defendant and C had already been liable for a debt of approximately KRW 190 million to the neighbors, and are not fully repaid, so even if they have borrowed money from the victim, they did not have the intent or ability to complete payment.

The Defendant received KRW 24 million from the victim’s account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. Application of Acts and subordinate statutes on cash storage certificates and details of passbooks;

1. Relevant Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 30 of the Criminal Act; the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the "Suspension of Execution") is that the crime of this case is committed by deceiving the use of the borrowed money by the defendant, and the nature of the crime is inadequate than deceiving the simple ability to repay debts, and there is no amount of damage. Thus, the type of the punishment is imprisonment. However, the defendant is a person who has no criminal record, the circumstances leading to the crime of this case, the victim does not want the punishment against the defendant, and the defendant's family relationship, etc. are considered.

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