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(영문) 의정부지방법원 2016.08.10 2016고단2013
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant 2010

1. 10. The false statement was made to the victim C, stating, “I will pay the principal and interest after making an investment in the leather project with a loan of money.”

However, in fact, the Defendant had the intention to use the money borrowed from the damaged from the beginning as gambling funds, not as leather business, and even if there was no other specific income, there was no intention or ability to repay the money.

The defendant deceivings the victim as above, and acquired 20 million won from the victim to the Agricultural Cooperative account under the name of the defendant on April 1, 2010, 20 million won to the National Bank account under the name of the defendant on June 16, 2010, KRW 15 million to the Agricultural Cooperative account under the name of the defendant on March 3, 201, KRW 5 million to the same account on April 3, 201, KRW 5 million, and KRW 7 million to the same account on April 3, 201, KRW 20 million on November 25, 201, KRW 20 million on the same account on November 25, 201, KRW 20 million on the same date, KRW 7 million on the same account on March 3, 2012, KRW 15 million on the same date, KRW 20 million on the same account on the same date, KRW 5 million on the same 7 million on the same account on the same date.

Summary of Evidence

1. Defendant’s legal statement

1. Each protocol concerning the examination of the accused by the prosecution (including part concerning theC statement);

1. Statement made by the police with regard to C;

1. (A) details of each deposit transaction and file of each transaction details;

1. Application of investigation reports (the date of crime, the specification of borrowed amount and the attachment, etc. of details of account transactions of suspects; application of statutes on account transactions of suspects; and details of account transactions);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act with respect to the facts of the crime (a comprehensive election of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommended punishment] is two types of general frauds (the amount exceeding 10 million won, and less than 50 million won).

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