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(영문) 부산지방법원 2015.12.21 2015고단4982
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On October 29, 2014, the Defendant: (a) entered the same insurance company at the office of the 19th floor A Epiz 19th floor building in the office of the Busan-gu Busan-gu, Busan-do, with the Defendant’s solicitation, stated that “In this case, the Defendant would make payment at a rapid time if it loans KRW 10 million to the same insurance company.”

In fact, around November 29, 2010, the Defendant had already been in bad credit standing, such as receiving a decision of individual rehabilitation from the Busan District Court. Since the Defendant has already been subject to a debt exceeding KRW 100 million to the neighbors such as D, the Defendant has continuously lent money to the neighboring neighbors and has no intention or ability to repay the money even if he/she borrowed money from the victim.

The Defendant acquired money of KRW 10,00,000 from the victim who believed this as a true fact through the Agricultural Cooperative (E) in the name of the suspect.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes to a loan certificate, details of account transactions and investigation report (No. 7,8)

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, the agreement with the victim, the amount of damage to the principal case, and the fact that there is no power to particularly consider);

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