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(영문) 광주지방법원 순천지원 2018.02.21 2017고단1644
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the defendant works as a staff member of D real estate in C at all times, he became aware of the victim G working in EF real estate at all times with the introduction of the president of the above real estate.

On April 25, 2014, the Defendant, at the above F Real Estate Office, received interest equivalent to three parts of the principal of each month from a designer who has an insurance company's personal knowledge and has lent the money to the designer, and the principal may be refunded after about three months. However, even if the designer lends the money to the designer, he/she is responsible for the interest of KRW 700,000 per month, and is entitled to receive interest and principal.

“A false statement” was made.

However, in fact, the Defendant had a approximately one million monthly income, and neglected to raise two children, used the above borrowed money for personal purposes due to the need for director's expenses and living expenses, and even if he did not know that he did not have any insurance designer, he did not have any intent or ability to pay interest or pay principal by investing in the insurance designer even if he did not receive money from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 3 million from the victim to the criminal account in the name of the Defendant, from June 30, 2014, a sum of KRW 13 million, as shown in the list of crimes, from around June 30, 2014.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A letter of commitment for payment;

1. A copy of bankbook;

1. Details of money to be deposited and withdrawn from the account of the recipient;

1. Requests for provision of credit information, etc. and application of credit information replies statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Criminal Act, protection and observation of the community service order;

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