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(영문) 수원지방법원 안산지원 2017.08.18 2017고단738
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2016, the Defendant was sentenced to the suspension of the execution of four months of imprisonment for fraud in the support of Suwon Fagwon, and the judgment became final and conclusive on December 3, 2016.

On April 23, 2013, the Defendant would pay the principal to the victim E with the interest of five to seven parts from the loan of the money to the victim E at the influent land of the Mao-dong, Ansan-si.

“A false statement” was made.

However, at the time, the Defendant had a personal obligation to pay to the branch of F, G, and H, approximately KRW 100,000,000 per month while operating several communities, and the monthly amount to be paid was KRW 600,000 per month. Since the Defendant borrowed money from the injured party and was in excess of his/her obligation to pay interest on the borrowed money, living expenses, her husband’s business expenses, etc., so even if he/she received the money from the injured party as the borrowed money, there was no intention or ability to pay it.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) received KRW 1,425,00 from the victim on April 23, 2013; (c) received KRW 9.5 million from the Hyundai Securities K account around April 26, 2013; (d) received KRW 9,500,000 from the said Hyundai Securities Account around June 15, 2013; and (e) received KRW 1,365,00 from the Defendant’s Defendant’s Hyundai Securities M& account in the name of the Defendant around June 28, 2013; and (e) received KRW 4,640,00 in total four times, from the Defendant’s Defendant’s transfer of KRW 1,365,00 from the Defendant’s Hyundai Securities M account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the accused in E-mail in the third prosecutorial examination protocol;

1. Statement made by the police for E;

1. Details of account under the name of E;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (the point of fraud);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of recommending punishment] The basic area (from June to June) of category 1 of the Criminal Code is the basic area (from June to June).

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