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(영문) 의정부지방법원 2017.06.30 2017고단1325
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2016, the Defendant, who is in the wife population I, is to repay the amount of KRW 20 million to the victim H in the middle order of January 2017, 2017.

“A false statement was made to the effect that it was “.”

However, the Defendant, at the time, was only 20 million won monthly salary, and was responsible for the Defendant’s debt amounting to approximately KRW 100 million from the Korea Bank, including approximately KRW 20 million, and KRW 20 million from the Korea Exchange, and there was no intention or ability to repay the debt even if he borrowed money from the Victim H.

As above, the Defendant: (a) by deceiving the Victim H as above; and (b) received from the Victim H a delivery of KRW 15 million to the national bank account of the Defendant on the same day.

In addition, from August 19, 2016 to December 26, 2016, the Defendant received each total of KRW 127,500,000,000,00 from five total victims, as shown in the list of crimes in the attached Table, respectively, on nine occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, F, D, E, and G;

1. Complaint;

1. The application of Acts and subordinate statutes to the details of transactions of each general loan loan, each remittance statement, each transaction record inquiry into each loan credit account, head office of passbook, remittance receipt, summary of statement of transaction, inquiry about transaction details, each transaction statement, each transaction statement, original collection receipt of earned income, and personal credit information inquiry note;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Application for compensation order;

A. Applicant D: Articles 32(1) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the scope of liability for damages is not clear, and it seems reasonable for the applicant to recover damages through other legal remedies, such as civil action, etc.).

(b) the applicant H, F, E,.

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