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(영문) 인천지방법원 2015.05.20 2014고단6529
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2012, the Defendant stated that “A victim C shall be obliged to perform the tunnel construction and underground passage construction works in Ganyang-dong, Ganpo-si, but money was raised in December. If the construction cost is leased KRW 4 million, the Defendant shall be notarized and the principal shall be repaid not later than December 20, 2012, along with the interest of 20% per annum.”

However, in fact, from 2008 to 2008, the Defendant was in a bad credit condition, and was not in a state of construction of the tunnels in Gyeyang-dong, and there was no specific plan or prospect for receiving orders for the tunnel construction, and the victim thought that the amount borrowed from the victim would be consumed due to living expenses, etc., and did not have the intent or ability to repay the borrowed amount until the agreed date.

Accordingly, the Defendant, by deceiving the victim as above, received 4 million won from the victim to the Agricultural Cooperative (D) account of the Defendant.

In addition, from that time to March 4, 2013, the Defendant deceivings the victim on a total of seven occasions as shown in the annexed crime list, and received a total of KRW 18,00,000 from the victim in fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to an investigation report (a list of transactions, etc.);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is recognized and against the defendant, and the part of the amount of damage was deposited for the victim, the fact that the defendant and the victim were in a relationship with the victim, the defendant support two children, and other factors such as the defendant's age, character and behavior, occupation, motive of the crime, and circumstances after the crime were determined as the sentence as ordered.

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