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(영문) 춘천지방법원 영월지원 2018.10.16 2018고단270
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 23, 2008, the criminal defendant against the victim B did not have the money that he/she would pay to the victim’s “child-friendly money hospital expenses.”

While "D has already borrowed money, it is difficult to borrow money in addition to "D."

The loan of 3 million won to D will be repaid without molding until November 23, 2008.

“The phrase “ was false.”

However, the defendant did not have any intent or ability to repay money, even if he borrowed money from the injured party, due to the problem of the insurance company with which he had a large number of personal liabilities and who did not receive monthly pay.

As such, the Defendant, by deceiving the victim, received 3 million won from the injured party and acquired it by fraud.

2. On October 23, 2008, the criminal defendant against the victim E can not gather the victim from the victim E’s house located in the Gangseo-gu Seoul Special Metropolitan City F on October 23, 2008 to gather the victim from the victim’s home as “Isn't know that Is't have any money to go to the medical care center.”

B. If the mother lends 10 million won to B, the mother will gather at will, and the loan money will be repaid in 100,000 won each month from March 2009 to October 2009.

“The phrase “ was false.”

However, the defendant did not have any intent or ability to repay money, even if he borrowed money from the injured party, due to the problem of the insurance company with which he had a large number of personal liabilities and who did not receive monthly pay.

As such, the Defendant, by deceiving the victim, obtained the delivery of KRW 10 million from the victim and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Investigation report (in case of the complainant B telephone call);

1. Each complaint;

1. Application of Acts and subordinate statutes to each copy of a loan;

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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