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(영문) 대전지방법원 2016.05.18 2015고단4241
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From the D points in Sejong City around February 25, 2014, the Defendant borrowed money to the victim E because he/she wants to help a person who is able to believe that he/she needs money, and would also use it for the operation of the household store operated by the domestic branch. In this case, if the Defendant borrowed 30 million won to 30 million won, he/she shall be calculated as five copies per month and repaid up to August 24, 2014.

“A false representation was made.”

However, on September 2013, the Defendant had no other revenue or property in the state of transferring the household store that he had already operated to F as a repayment of the obligation to F. However, on the other hand, the Defendant borrowed money from the damaged person on the premise of resolving the personal obligation, and thus, there was no intention or ability to repay the money even if he borrowed money from the damaged person.

Nevertheless, the Defendant, by deceiving the victim as such, received 28,500,000 won from the victim to the Saemaul Treasury account in the name of the defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The loan certificate;

1. Application of Acts and subordinate statutes to written confirmation of the results of electronic financial transfer;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Determination of a sentence that has not been performed in favor of the fact that there is no record of the same crime, confession and reflects: Various conditions of sentencing specified in the pleadings of the instant case, such as the amount obtained by deception, age, criminal conduct, environment, motive, means and consequence of the crime, etc.;

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