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(영문) 수원지방법원 안산지원 2013.05.10 2013고단553
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant had no intention or ability to pay money from 2009 to 2009 even if he/she borrowed money from another person because he/she does not have any revenue or construction performance.

1. On February 23, 2012, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 8,100,000,000 to the victim C, he/she would pay the interest on the second installment every month, and repay the principal within 60 days.”

The Defendant received 8,100,000 won from the victim to the deposit account in the name of the Defendant on the same day.

2. On April 16, 2012, the Defendant loaned KRW 3 million to the victim C at the D Company Office Office Office Office Office Office Office Office Office Office Office Office Office Office Office Officeed from the following day to repay with the interest 8.1 million won borrowed first with the interest tightly with the interest tightly paid.

“The purpose of “ was to make a false statement.”

The Defendant received 3 million won from the victim to the deposit account in the name of E on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a copy of a cash custody certificate and a statement of account transactions;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Taking into account the reflection of gender, the number of damages, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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