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(영문) 의정부지방법원 2021.03.29 2020고단5035
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The Defendant is a person who has operated a wholesale and retail business of agricultural and fishery products in the Dongdaemun-gu Seoul market.

around January 2019, the Defendant called the victim D at the above C workplace, and there is no money to pay the value of the object rapidly.

A false statement was made to the effect that 5 million won is to be repaid without a mold in one month.

However, in fact, the Defendant was not able to operate the above “C” due to a very low financial situation, and the Defendant did not have any intent or ability to repay the money borrowed from the damaged party, as the Defendant prepared and entered the Defendant’s personal information in a false loan certificate.

On January 28, 2019, the Defendant received from the injured party a remittance of KRW 5 million to the F account under the name of the Defendant’s wife, E (Account Number:G) under the name of the Defendant’s wife.

In addition, the Defendant received a total of KRW 30,50,000 from around that time to November 12, 2019, in total, five times, as shown in the list of crimes in attached Table.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A loan certificate (25 million won), a loan certificate (8 million won), and a detailed statement of deposit transactions;

1. The application of Acts and subordinate statutes to investigation reports (based on suspect personal credit information replies);

1. The Defendant, for the reason of sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the selected criminal punishment for the crime, acquired 30,500,000 won from the injured party as the borrowed money.

Since then, the Defendant promised to repay to the victim and prepared a loan certificate, but the circumstances after the commission of the crime are also bad, such as falsely stating the personal information of the Defendant in the loan certificate and leaving contact with the Defendant.

The damage has not been recovered, and the victim wanted to be punished by the defendant.

However, the fact that the defendant recognizes and reflects the crime, the fact that there is no record of the same kind of crime, and the age of the defendant.

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