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(영문) 창원지방법원 밀양지원 2016.04.21 2016고단16
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

On February 2, 2015, the Defendant shows his passbook to the victim C from E E E in Syang-si, Syang-si, and would pay the victim with interest calculated at 25% per month when he/she lends money to B.

First, a group of loans from KRW 500,000 to KRW 50,000 were provided to the effect that the interest and the principal shall be repaid.

However, in fact, the Defendant used the money received from the injured party as debt repayment and living expenses, etc., and had a debt of about 60 million won at that time, and did not have any special occupation or property, so there was no intention or ability to repay the money even if he borrowed money from the injured party.

Nevertheless, the Defendant, as seen above, received KRW 50,000 from the injured party on February 28, 2015, the payment of KRW 500,000 from the Saemaul Treasury account in the name of the Defendant, and received KRW 3,274,000 in total over 20 times from around that time to May 29, 2015, as shown in the list of crimes in attached Table from around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. The scope of compensation is ambiguous, such as the Defendant’s dismissal of an application for compensation order had some money paid to the victim as interest. The reason for sentencing is recognized that the Defendant’s mistake is pening.

However, the punishment as ordered is determined by taking into account the following circumstances: the Defendant committed the instant crime even if he/she had committed several criminal records for the same kind of crime, the amount of damage does not reach any recovery or agreement even though he/she has a large amount of damage, and the Defendant’s age, sex and environment, motive, means and consequence of the instant crime, etc., and the conditions of sentencing specified in the pleadings of the

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