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(영문) 광주지방법원 해남지원 2017.03.23 2016고단365
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 April 201, the Defendant would pay the victim D money within six months from the loan brokerage place operated by the Defendant in Busan-gu, Busan-do. The Defendant would also pay the profit in installments at the loan brokerage place of the Defendant in Busan-gu.

“False speech was made to the effect that it was “.”

However, at the time, the Defendant had a debt equivalent to about KRW 45 million, but did not have any particular property or income, and the Defendant had to pay an interest amounting to KRW 1850,000 per month on the above debt while operating the above office with the loan. Thus, even if the Defendant borrowed money from the victim, it was thought that it was used for the personal purpose, such as repayment of the debt, and there was no intention or ability to use it for the office operating expenses or to repay the above money.

The Defendant: (a) by deceiving the victim as above; (b) transferred KRW 15 million around June 9, 201 to the national bank account under the name of the Defendant from the victim; and (c) received KRW 15 million around June 24, 201 from the victim; (b) received cash KRW 37 million around that time; and (c) acquired KRW 33,70 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The details of the funds to be deposited and withdrawn from the Korean bank by the recipient, the details of the funds to be deposited and withdrawn from the new bank account by the recipient, the details of the funds to be deposited and withdrawn from the new bank account by the recipient, the details of KRW 30 million transfer, and the original

1. Application of Acts and subordinate statutes to a criminal investigation report [Submission of the details of deposits and withdrawals from a suspect's account, details of account transactions with a suspect (amount of damage KRW 30 million);

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

1. Determination as to the assertion by the defendant and his defense counsel under Article 62-2 of the Criminal Act on the observation of protection and observation

1. It is true that the injured party borrowed money from the injured party as stated in the facts constituting the offense in the judgment of the alleged defendant, but it is not the defendant to lend money upon the request of the injured party to lend money if there is surplus funds from the defendant while maintaining internal relations with the defendant.

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