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(영문) 전주지방법원 군산지원 2017.01.11 2016고단237
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 20, 2015, the Defendant: (a) committed a crime on July 20, 2015; (b) on July 20, 2015, the victim B, who was aware of the fact at the D cafeteria located in the Da-si Seoul Special Metropolitan City (Seoul Special Metropolitan City); (c) “The Defendant is urgently required to complete insurance.”

5 million won loaned

9.To pay the interest of 250,000 won per month by payment by 30.30.

The phrase “ makes a false statement.”

However, the facts are that the defendant was bad credit, and even if he borrowed money from the injured party, he did not have any intention or ability to repay it.

Nevertheless, the defendant was given 5 million won in cash from the injured party, i.e., the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 25, 2015, the Defendant, at the F coffee shop located in E at around July 25, 2015, would pay the above victim interest by paying up to 150,000 won per month, if he/she lends the above victim’s “if he/she lends 3 million won, by 10,000 won per month.”

The phrase “ makes a false statement.”

However, the facts are that the defendant was bad credit, and even if he borrowed money from the injured party, he did not have any intention or ability to repay it.

Nevertheless, the defendant was given 3 million won in cash from the injured party on the pretext of borrowing money from the seat.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The loan certificate;

1. Application of Acts and subordinate statutes to a report on investigation (whether the person has legal capacity);

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the choice of punishment by imprisonment (it is reasonable to see that a single criminal act is committed in light of the content of deception, the interval of crimes, etc., although the criminal defendant was prosecuted as concurrent crimes);

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Application for compensation;

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