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(영문) 수원지방법원 안산지원 2018.12.27 2018고단2837
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, at around April 19, 2017, at a member B building in Ansan-si and one’s house in subparagraphs C and the victim D, who is a senior high school, called “A company that manufactures motor vehicle parts inherited to his father is operated together with the mother, and it is difficult to lend money due to the lack of corporate circumstances.

회사를 접으면 남는 돈이 있고, 어머니 집도 내놨으니 팔리면 갚을 테니 걱정 말고 빌려 달라. ”라고 거짓말을 하였다.

However, in fact, the defendant discontinued the above company two years prior to the closure of the company, and the personal debt reaches about KRW 40,00,000, and there was no income, and even if he borrowed money from the injured party, he did not have the intent or ability to pay it as agreed, and the money borrowed from the victim was thought to be used for the payment of living expenses and the interest on bonds.

As such, the Defendant, by deceiving the victim, received KRW 1 million from the victim to the company bank account in the name of the Defendant on the same day as the loan money, and received KRW 41,50,000 from the date to October 30, 2017, in total, 11 times as indicated in the list of crimes in the attached Table of Crimes from October 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A written confirmation of transaction details, each supporting center for payment of principal and interest, each transfer statement, and a detailed statement of transaction;

1. Inquiries about liquidity transactions, the principal's financial transactions, confirmation of transaction details, and application of Acts and subordinate statutes on deposit transactions;

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

1. The perpetrator, by abusing the belief of the victim, who is a part of the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated punishment of concurrent crimes. Moreover, the victim did not pay money to the Defendant even if the victim borrowed money due to the absence of money, thereby reporting double damage, such as the victim’s repayment of interest, etc.

(b) a damaged person;

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