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(영문) 수원지방법원 2018.11.15 2018고단5114
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

From the end of August 2016, the Defendant: (a) around the end of Bupyeong-dong, Bupyeong-gu, Incheon; (b) around the end of August, 2016, the Defendant provided the victim C with KRW 15,000,000 for each month interest of KRW 15,00,000 for each month; and (c) paid the principal at one time.

In addition, even if the business is not available, it will arrange the business with the amount of four money and complete payment.

“.......”

However, the Defendant was thought to use the money borrowed from the injured party for private sports discussions or personal debt repayment, and there was no intention or ability to pay the borrowed money in excess of about KRW 70 million with no particular property.

As above, the Defendant: (a) by deceiving the victim; (b) received the total sum of KRW 15,00,000 from the victim to the new bank account (D) in the name of the Defendant over three times from September 10, 2016 to the 18th day of the same month; and (c) acquired the money by deceiving the victim from September 10, 2016 to December 22, 2016, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A loan certificate, a statement of transaction, a statement of transfer, and a statement of transaction with the new bank;

1. Application of Acts and subordinate statutes to the investigation records (the victim's submission of the victim's Kakao Stockholm dialogue), the contents of the Kakao Stockholm dialogue, the investigation report (the confirmation of the victim's account with the E-sports soil account deposited by the victim), and the investigation report (the confirmation of the user of the acquired amount

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1.Article 62(1) of the Criminal Code of the Republic of Korea;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. The defendant shall be sentenced to a sentence;

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