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(영문) 춘천지방법원 강릉지원 2017.12.20 2017고단530
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 July 2015, the Defendant made a false statement to the victim C by calling the victim C to “it is necessary to engage in funeral services at present and to pay money to him/her, and it is necessary to use funds to get him/her to do so, and the Defendant would pay interest at 7% per month on the loan of money and repay the principal within a few months.”

However, the Defendant, as a person with bad credit standing, was in the state of bearing the principal and interest of 15 million won as a bond without any specific property, and was in the situation of preventing him from returning his debt from lending money from other creditors, and even if he borrowed money from the damaged person due to the lack of business performance of the restaurant operated, the Defendant did not have any intention or ability to change it from time to time.

As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received the delivery of KRW 4650,000 from the victim on October 11, 2015 of KRW 35,50,000 from the victim on seven occasions in total, as stated in the list of crimes in attached Form 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal complaint, a detailed statement of deposit transactions, a certificate of borrowing, a detailed statement of transaction account, a investigative report (a suspect A credit information), an investigation report (Attachment to a statement of transaction under the name of his/her father or wife), a criminal investigation report (E and F card sales, etc. attached), a criminal investigation report (a statement of borrowing KRW 5 million on July 17, 2015), a transaction statement of the account received (a reply of seizure warrant), and a criminal investigation report (credit of a suspect);

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, the choice of imprisonment, and the choice of punishment; 1. former part of Article 37 of the Criminal Act aggravated for concurrent offenses, Articles 38(1)2 and 50 of the same Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the amount of deception is not so big, the damage was considerably recovered although it did not reach an agreement with the victim, and the defendant has no other power, except for one fine due to the same criminal record);

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