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(영문) 수원지방법원 안산지원 2017.08.31 2016고단2771
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 22, 2014, the Defendant: (a) at the workplace of Ansan-si, Seoul Special Metropolitan City, Inc., Ltd., Ltd., the Defendant borrowed money from others due to economic difficulties, such as having reached approximately KRW 70,00,000 at the time of debt, and not having been fixed; and (b) despite having no intent or ability to repay the money, the Defendant borrowed money from others, the victim B, a workplace partner, “I would have to pay the principal and interest for each month if I would have to pay the amount of KRW 20,000,000 from the victim; and (c) received each remittance from the victim to the company bank account (number C) in the name of the Defendant.

Then, on July 18, 2014, the Defendant arbitrarily borrowed the victim’s mobile phone in the victim’s name from D to KRW 3 million, KRW 5 million from E to E, KRW 3.5 million from F to G, and KRW 4 million from G to each other, and then the victim “a loan has been made in the victim’s name at home” to the victim if he/she borrowed this money to B.

“Along with the false statement,” the part of this case was remitted to the account of the Defendant’s above-mentioned corporate bank account from the damaged person.

As such, the Defendant received a total of KRW 35,500,000 from the injured party, and acquired pecuniary benefits.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. A detailed statement of deposit;

1. Application of Acts and subordinate statutes to report on investigation (report on attachment to suspect credit information);

1. It is so decided as per Disposition on the grounds that the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts are applicable and that the choice of punishment is higher than that of imprisonment (comprehensively, the choice of imprisonment);

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