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창원지방법원 통영지원 2013.11.29 2013고단127
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. Around 13:00 on January 11, 2008, the Defendant made a false statement that “If the Defendant lends KRW 20 million to the victim, he/she shall pay the victim interest on six (6) monthly interest and shall repay the principal within three (3) months from the closed room of the victim D’s operation E, which is located in C.

However, at that time, the Defendant was liable for the Franchising KRW 50 million to G, etc. as the business of Franchising that the Defendant had been operating was not well, and was willing to use the loan from the victim to repay the above debt, and thus, the Defendant did not have any intent or ability to repay the loan even if he borrowed money from the victim.

The Defendant received 17.5 million won from the victim to the Defendant’s account on the same day.

2. Around June 15, 2008, the Defendant stated that “If the Defendant was to use the present high number of days, and the Defendant was to pay 30 million won, he/she shall pay 5% interest every month, and the principal shall be repaid 20 million won prior to the loan, and the principal shall be repaid within 3 months.”

However, the defendant did not have any intent or ability to repay money even if he borrowed money from the victim as stated in paragraph (1).

The Defendant received KRW 5 million from the victim around July 3, 2008 and KRW 20 million around November of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of H and I;

1. Application of Acts and subordinate statutes of the detailed statement of savings deposit transactions (No. 10) and the certificate of borrowing (Evidence No. 11);

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

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 ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing in Article 62-2 of the Social Service Order Criminal Act, six months to one year and six months are recommended to the defendant (not to be specially punished). The defendant is against the defendant.