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(영문) 서울남부지방법원 2017.09.27 2017고단3557
사기
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On July 17, 2016, the Defendant is too urgent to the victim D at the marina business located in Seongbuk-gu, Seongbuk-gu, Sungnam-si.

The interest and principal shall be repaid within two months from the loan.

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

However, at the time, the Defendant was liable for the amount equivalent to KRW 70 million, and there was no fixed income, and due to the fact that the Defendant borrowed money from the injured party and intended to use it in the casino, even if he borrowed money from the injured party, he did not have any intention or ability to repay the principal with interest within two months.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim, via the Agricultural Cooperative Account (E) in the name of the Defendant on the same day, KRW 10 million on July 18, 2016, KRW 10 million on July 20, 2016, and KRW 10 million on the Agricultural Cooperative Account (F) in the name of the Defendant on August 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Eight months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act (including the fact that the suspension of sentence is against mistake in depth, the fact that there was no criminal record during sojourn in Korea for about 16 years, the victim does not want punishment, and the fact that the victim may lose an opportunity to recover damage due to the refusal to renew his/her status of stay, if a sentence is imposed, etc.);

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