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(영문) 수원지방법원 안양지원 2014.10.24 2013고단1486
사기
Text

Defendant

B A person shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive, the above punishment against Defendant B.

Reasons

Punishment of the crime

Defendant

B made a false statement to the effect that, on October 19, 2009, “When she intends to return money to Malaysia, she must again exchange money to Malaysia, and if she has no money in Korea at all, she would use the money as flight fare and other expenses, if she again lends 30 million won to Malaysia, she would repay all of the money to Malaysia by using it as a flight fare and other expenses.”

However, in fact, Defendant B did not have any money at the time, and from the beginning, borrowed money from the victim for the purpose of using it for gambling money, so there was no intention or ability to repay the money.

After all, Defendant B, as seen above, was urged by the victim and was given KRW 30 million on the same day.

Summary of Evidence

1. Defendant B’s statement that Defendant B received money from F as the same bank on the date and time as indicated in the judgment of the prosecution among the suspect interrogation protocol against Defendant B and A by prosecution;

1. Legal statement of witness F;

1. Application of the Acts and subordinate statutes to a copy of a bankbook (11 pages); and

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that there is no previous conviction for the same kind of crime, the fact that if the defendant is detained, his/her parents would face difficulties in living, and the scale of

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

1. The portion not guilty under Articles 32(1)3, 25(3), 25(3), and 4 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, Etc., of which an application for compensation is dismissed

1. The summary of the facts charged states that the Defendants: (a) during the Hayang-si period of September 2009, the victim F, who had temporarily resided in the Defendant B’s residence in the Gu G apartment 101 dong 907, Dong-dong 107, was punished by money from Malaysia; and (b) the Defendants made a large profit by running a business in Malaysia.

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