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(영문) 의정부지방법원 2014.08.07 2014고단1893
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 20, 2013, the Defendant made a false statement to the victim E in the D Maintenance Office located in Namyang-si, Namyang-si, that “If the Defendant lends KRW 10,000,000 to the victim E as interest, he would pay KRW 1,00,000 per month.”

However, even if the defendant borrows money from the victim, he did not have the intention or ability to use it to pay the maintenance facility.

The Defendant, by deceiving the victim as above, received 10 million won from the victim to the account of community credit cooperatives under the name of the Defendant for the purpose of borrowing money from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes to report details of account transactions;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The negative circumstances of sentencing under Article 62-2 of the Social Service Order Act: The positive circumstances such as the fact that the defendant has been punished several times for the same kind of crime and that the defendant has not been recovered from damage: The defendant appears to have a attitude to repent in depth while recognizing his/her mistake, and there is no record of punishment exceeding the fine; and

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