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(영문) 대전지방법원 서산지원 2018.09.12 2017고단1011
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 26, 2016, the Defendant operated one dynasium and two dynasium to the victim B in the Buddhist area of Gyeonggi-do.

The principal and interest shall be repaid once a week from the lending of money, and once every five days.

“The phrase was made.”

However, at the time of borrowing money from the victim, the Defendant had no intention or ability to pay the money even if he borrowed money from the victim because he had already been in excess of his obligation due to the Defendant’s burden of delinquency in payment of KRW 60 million to C and from various financial institutions.

Nevertheless, the defendant, who belongs to the defendant, was damaged by the injured party on August 26, 2016, 9350,000 won, and the same year.

9.12.9 million won, for the same year.

9.4.7 million won, and the same year.

9.21.9450,000 won, for the same year.

9. On five occasions such as borrowing KRW 4.5 million, a total of KRW 37 million was remitted to the Defendant’s account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. Statement made by the police with regard to B and C;

1. Application of Acts and subordinate statutes to the accusation [including attached documents, such as the specifications of deposit transactions], credit information replies, and each investigation report [including attached documents]

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. According to Article 62(1) of the Criminal Act of the suspended sentence, the following conditions shall be considered in light of the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, etc.: (a) the sentence shall be determined as ordered in the light of the following:

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