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(영문) 춘천지방법원 2015.01.15 2014고단1075
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

On January 15, 2013, the Defendant made a false statement to the effect that “if the Defendant lends money to the Defendant’s house located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the Defendant would have to pay back the installment savings later” to the victim C.

However, in fact, the defendant did not have any particular property, and as it is difficult to repay debts owed to the lending company at the time, there was no intention or ability to repay the debts from the victim.

As such, the Defendant, by deceiving the victim as such, received 1.9 million won from the victim to the account under the name of the Defendant for the purpose of borrowing money, and received from September 20, 2013 totaling KRW 12,207,000 from that time to September 20, 2013, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of account transactions;

1. The loan certificate;

1. Application of Acts and subordinate statutes for transfer certificate;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [decision of the type of punishment favorable to the reasons for sentencing] The reason for the sentencing of Article 62(1) of the suspended sentence [decision of the sentence] The basic area [decision of the recommended area] types 1 (less than KRW 100 million] [decision of the recommended area] / June-1 year and six months / [the scope of recommendation] / The main reason for the suspended sentence] - In a case where negative agreement - the main reason for the suspended sentence is considerably small or considerable damage is recovered: there is no criminal conviction above positive loss - there is no agreement with the defendant [decision of the sentence]: there is no criminal conviction above the positive loss; the victim does not agree with the defendant; the victim wishes to commit the crime of this case at the time of the crime of this case; there is no criminal history heavier than the same kind of criminal punishment and fine; and there is a favorable circumstance in which part of the amount of damage has been discharged to the victim.

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