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(영문) 창원지방법원 통영지원 2017.12.13 2017고단1007
사기
Text

A defendant shall be punished by imprisonment for six 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 October 31, 2016, the Defendant borrowed 14 million won as he/she is required to repay the bonds to the victim C at the Dong-si Office B, and the amount of the substitute driver's income is five million won, so he/she will repay it with the interest of 10 percent of the principal until May 31, 2017.

“A false statement” was made.

In fact, the monthly income of the defendant was much higher than 2.5 million won, and at the time 32 million won was liable, and there was no intention or ability to repay even if the defendant borrowed money from the injured party by paying the monthly income and credit card fee in addition to the above personal debt.

On November 1, 2016, the defendant deceivings the victim as above and was delivered KRW 14 million to the Agricultural Cooperative Account (D) in the name of the defendant on November 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A process deed;

1. Details of transaction in CF bank account and transaction in AF bank account;

1. Details of investigation report (Attachment to the contents of the Kakao Stockholm Games), Kakao Stockholm dialogue;

1. Investigation reports, the application of credit information-related Acts and subordinate statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud.

3. The amount of KRW 7,50,00,00, out of the amount loaned by a person who was ordered to repay the debt of the defendant, is used for the Internet game, and most of the amount of damage has not been recovered up to now, and the defendant's age, sex, environment, motive and circumstance of the crime, etc., as provided by Article 51 of the Criminal Act, and the sentencing guidelines for the enactment of the Sentencing Committee shall be determined as ordered by the Supreme Court.

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