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(영문) 수원지방법원 안산지원 2019.06.19 2019고단357
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around October 2016, the Defendant, even if she borrowed money from the victim, did not intend to use it for the purpose notified to the victim as well as the intent or ability to pay the money properly. However, the Defendant calls to the victim B and borrowed 13,000,000 won for the credit loan 33,000,000 won from the loan money to the account. The interest shall be kept in an account. Of the loan money, 13,000,000 won will be kept in an account. On and after several months, the Defendant received 33,00,000 won from the loan and received 333,00,000 won from the victim’s bank around October 26, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of a suspended sentence] The general fraud [special person] - The mitigated element of mitigation [decision of the recommended area] mitigated area / [decision of the recommended area] / [decision of the sentencing] one year from January to one year [the scope of recommendation area], the above sentencing factors and the defendant recognized their mistake, the defendant has no record of criminal punishment in addition to a fine for one time due to driving under influence of alcohol, and the defendant raises a child under the age of one, considering all the circumstances.

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