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(영문) 창원지방법원 통영지원 2018.08.09 2018고단236
사기
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2014, the Defendant called the victim C to pay the money after one year, by phoneing the victim C from the Kim Dong-dong, Kim Jong-si, 2014.

“The phrase was called.”

However, in fact, when the Defendant, as an bad credit holder, was engaged in a loan business with money borrowed from another person without initial funds, but the unpaid amount of money was about KRW 50 million and interest was not paid on the money borrowed from another person, such as D, around September 2014, the Defendant was unable to recover the unpaid amount of money at KRW 300 million. However, even if the Defendant borrowed money from the injured person, the Defendant did not have any intent or ability to repay the amount of money.

As such, the Defendant, by deceiving the victim, received from the victim, KRW 22:54 on the same day, KRW 20 million on the same day, KRW 3.7 million on the same day, KRW 23.7 million on the same day, and KRW 23.7 million on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Details of accusation, entry and withdrawal transactions, and letters thereon;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is as follows: (a) the Defendant paid high interest rate to the victim; (b) the amount of damage was paid KRW 9 million; (c) the Defendant’s age, sex, environment; (d) the motive of the crime; and (e) the circumstances of various kinds of sentencing as shown in pleadings, such as the circumstances leading to the crime; and (e) the payment of high interest to the victim; and (e) the repayment of the amount of damage

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