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Reasons
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(영문) 수원지방법원 평택지원 2014.11.06 2014고단1040
사기
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1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 201, 201, the Defendant called “A” to the Defendant’s house located in Pyeongtaek-si B’s second floor, the Defendant called “A” to the victim of her female-friendly job offering, “Absing to receive a school loan, which is urgently required to pay money, is under litigation as a ground problem, and is immediately repaid money,” and “Absing to pay money.”

However, in fact, the Defendant borrowed money to a third party without a certain revenue to use living expenses, pay interest on a separate debt, and pay insurance premium, etc. The Defendant did not have any intention or ability to repay the money to the third party. Despite having borrowed money from the victim through the lawsuit, the Defendant, as above, received the victim’s deception through the above, and acquired the money from the victim to the account in the name of C, including the sum of KRW 1,710,000,000,000 on November 11, 201, 201, KRW 2,650,000 on January 5, 201, KRW 50,000 on January 13, 2012, KRW 250,000 on April 3, 2012, KRW 171,710,000 on April 12, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the details of entry, withdrawal, transaction, text, photograph, specification of transactions, and debt details;

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

1. Suspension of execution under Article 62(1) of the Criminal Act provides that the punishment as set forth in the text shall be determined by taking into account the following factors: (a) the confession of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act; (b) the agreement with the victim; (c) some of the circumstances that may be considered in the motive of the crime; and (d)

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