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(영문) 수원지방법원 2018.09.19 2017고단8581
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

On December 6, 2016, the Defendant: “A house in the digital complex and mountain to the Seoul Metropolitan Government,” but there is a lack of materials and personnel expenses for the construction work.

When lending money, it shall be used as material expenses and personnel expenses at the construction site, and the amount of money shall be paid within 15 days by calculating the interest of the construction cost.

The phrase “ makes a false statement.”

However, as the defendant did not have good credit standing at the time and did not have any property and received demand for construction cost, etc., the defendant did not have any intent or ability to repay the borrowed money within 15 days even if he borrowed the money from the injured party.

Nevertheless, the defendant deceivings the victim as above and is therefore subject to the loan from the damaged person, to the account of the regional agricultural livestock cooperative under the name of the defendant for the same day, 10 million won, and the same month.

9. The remittance was acquired by remitting KRW 15 million, KRW 20 million on 12.2,00,000 for the same month, KRW 19.12 million on 19.12 million for the same month, and KRW 64 million on 28.7 million for the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each details of financial transactions, copies of telephone calls, suspect's response to financial transactions, and the application of the Acts and subordinate statutes on response to credit information;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is not clear and thus it is not reasonable to issue an order for compensation);

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud; and

2. The fact that there has been a history of punishment for the same criminal record as the sentence of punishment has been imposed several times, the amount of damage is reasonable, the victim wanted to punish the defendant, the defendant who is against himself while leading to the confession of the crime of this case, and the defendant.

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