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(영문) 춘천지방법원 원주지원 2016.10.25 2016고단715
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 2012, the Defendant falsely stated that “The Defendant would use only three months if he/she lends only KRW 10 million to the victim, who intends to rent a place of business in order to operate a car page business by leasing it to the victim D, in a single house living room where the address of not more than C is unknown at the prime city and below the prime city around December 2012.”

However, there was no intention or ability to repay the price by borrowing it.

The defendant received 9 million won from the victim to the E account in the name of E, a parent of the defendant, from the victim.

2. On December 2012, the Defendant, at a general restaurant of “G” located in “C” in “C” in “C” in the original city, the Defendant provided meals with the said victim, and falsely stated that “Chu business-related preparatory funds will be repaid within three months, with a total of KRW 15 million if the Defendant borrowed money.”

However, the fact does not have the intention and ability to repay even if the payment was borrowed.

The defendant acquired 3 million won in cash from the victim's seat from the victim, i.e., fraud.

Accordingly, the defendant deceivings the victim and defrauds the victim a total of KRW 12 million through two times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] There is no basic area (6-100,000 won or less) (6-100,000 won or more) (6-10,000 won) of the basic area (6-10,000 won or more) of the suspended sentence (6-10,000 won or more) (6-1,000 won) (6-1,000

However, after the crime of this case, the defendant made efforts to recover damage by repaying the sum of 3,920,000 won to the victim, and the defendant has no record of the same crime.

These circumstances and the defendant's age, occupation, character and conduct, and details of crimes.

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