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(영문) 전주지방법원 정읍지원 2016.10.06 2016고단147
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2013, if the Defendant borrowed KRW 27 million to the victim E from the D Judicial Scriveners Office located in Hongsung-gun, Hongsung-gun, Hongsung-gun, the Defendant would purchase Y and conduct Y third party funeral services. The Defendant would have repaid the money up to June 30, 2014.

‘False speech' was made.

However, the Defendant was thought to use 27 million won from the victim for other purposes, such as living expenses. The Defendant had a debt of 30 million won, and there was no other specific property, and there was no intention or ability to repay the above loan to the victim.

Nevertheless, the Defendant received KRW 27 million from the victim on the same day as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on account transactions;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration consideration, such as the fact that the defendant is not guilty and that the victim is not punished);

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