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(영문) 창원지방법원 2017.10.17 2017고단1689
사기
Text

A defendant shall be punished by imprisonment for six months.

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

The Defendant, on December 2, 2015, committed an act as if he had a financial ability against the victim C, who is the pastor of a church where the Defendant was accompanying, with overdue credit card payments, and with economic difficulties such as accumulation of debt to the branch, and attempted to acquire money by receiving the money under the name of the borrowed money as if he would repay the principal.

On December 21, 2015, the Defendant would lend money to the victim “Is to pay the money. Is to pay the money if Is to the victim. Is to pay the money immediately. Is to the contrary. Is to the contrary.

“.....”

However, the defendant did not have the intent or ability to repay the money even if he borrowed the money from the injured party due to the economic difficulties as above.

Despite the forest, the defendant was paid 5.4 million won to the above account in the name of the defendant's fatherd's son designated by the defendant on the same day from the person who caused the damage, and was transferred 7.6 million won around the 24th day of the same month to the above account, and was delivered 3.9 million won in cash around the 30th day of the same month.

Accordingly, the Defendant, by deceiving the victim by the above method, obtained a total of KRW 16.9 million from the victim on three occasions.

Summary of Evidence

The application of the police statement statement statement statement account details to the defendant's legal statement C to the law

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

2. Article 62 (1) of the Criminal Act (including the fact that a person has repaid 650 million won out of the amount of defraudation, and the previous previous criminal records have been prior to 2006).

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

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