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(영문) 대전지방법원 2014.05.27 2013고단5038
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 12, 2013, the Defendant was sentenced to a suspended sentence of three years and six months, and the said judgment becomes final and conclusive on the 20th of the same month, for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in a military acid support from the Jeonju District Court.

On July 15, 2010, the Defendant told the victim G at the E hotel located in Gangnam-gu Seoul, Gangnam-gu, to the effect that “If you want to pay 20 million won, the interest would be paid at 10% per month and the principal would be paid immediately on the desired date.”

However, at the time, the defendant did not have any other property or income, and even if he borrowed money from the victim, there was no intention or ability to repay it in time.

Nevertheless, the Defendant made a false statement to the victim as above, and from the victim’s bank account in the name of the Defendant, KRW 3,000,000 on July 30, 201; and

8. 11.9,000,000 won for the same year; and

9.2. 7,00,000 won was remitted for each loan as a total of 19,00,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports (the previous record and investigation reports);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It shall be decided as per the disposition for the reason under Article 62 (1) of the Criminal Act or more of the Criminal Act, taking into account the fact that the suspension of execution (such as agreed with the victim and his depth

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