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(영문) 수원지방법원 안양지원 2017.10.26 2017고단484
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant needs to pay cash to the victim C in the coffee shop in the Gu Hodong-dong during the period on July 1, 2015.

When a person lends money, he/she will give a profit by lending money.

“The purpose of “ was to make a false statement.”

However, since the Defendant thought that most of the money received from the injured party was used for gambling using illegal sports discussions, even if he borrowed money from the injured party, the Defendant did not have any intent or ability to return the principal and the profits by investing in the used vehicle trading business.

Nevertheless, the defendant deceiving the victim as above and received 5,80,000 won from the Saemaul Treasury (E) in the name of the defendant on the same day from the victim, and acquired it through the delivery of 7,130,000 won in total over 12 times, as shown in the list of crimes in the attached Table, including the remittance of 5,80,000 won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In light of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution, the Defendant’s liability for the crime of this case is not easy, but is against the Defendant, the injured party’s prior action against the Defendant by agreement with the victim, and all other conditions of sentencing including the Defendant’s age and environment.

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