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(영문) 창원지방법원 2014.09.26 2014고단1255
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On March 23, 2009, the Defendant made a false statement that “If the amount of money to engage in bond business is lent to the victim C, 7% interest shall be paid, and the principal and interest shall be paid after one month.”

However, at the time, the defendant did not have any intention or ability to pay money to the victim in time because he/she thought that he/she received money from his/her father's hospital expenses and living expenses from his/her mother and child.

Nevertheless, the defendant deceivings the victim as above and acquired 20 million won from the victim.

2. On March 31, 2009, the Defendant concluded that “The Defendant would pay 7% interest at a loan of KRW 10 million to the victim at the same place, including KRW 20 million prior to the loan, thereby repaying the principal and interest.”

However, at the time, the defendant did not have any intention or ability to pay money to the victim in time because he/she thought that he/she received money from his/her father's hospital expenses and living expenses from his/her mother and child.

Nevertheless, the defendant deceivings the victim as above and acquired 10 million won from the victim.

Summary of Evidence

1. C’s legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each copy of a loan certificate;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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