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(영문) 수원지방법원 안산지원 2016.05.13 2016고단693
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Among the dates of crimes, the part considered as an obvious clerical error in light of evidence was appropriately corrected from the construction site to the extent that the defendant does not interfere with the defendant's right of defense, and the defendant did not have the intent or ability to pay the above amount even if he borrowed money from the victim B, and there was no intention or ability to provide loans by taking the above amount as security on the vehicle of the horse race track customers.

Nevertheless, on September 20, 2012, the Defendant borrowed money from the victim to the victim at the D cafeteria located in the first floor of the building in the Ansan-si, the members of the Seoul-gu, the Seoul-gu, the Seoul-gu, where the victim was in operation on September 20, 2012.

The principal of the above building singing room or the principal of the neighboring president shall also lend the interest of KRW 3 million and KRW 2 million, and he shall pay the profits if he receives money.

“A false statement,” and the victim believed to be true deposited KRW 3 million on October 12, 2012, KRW 100,000,000,000,000 in the Agricultural Cooperative Account under the name of E notified by the Defendant, and KRW 2 million on November 2, 201, KRW 31,000 in the same month, and KRW 2 million on November 8, 201.

In addition, on November 15, 2016, the defendant found a restaurant of the injured party, and there is a need for the victim to pay money to the victim for "a office providing information about horse."

It is soon possible to pay a large amount of profit from the lending of money.

"Falsely false, and the complainant who believed this horse to be true has deposited KRW 5 million with the above NongHyup account on the same day.

Accordingly, the defendant deceivings the victim and defrauds the total of KRW 13 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning B of the protocol concerning the interrogation of the suspect against the defendant by the prosecution

1. Application of Acts and subordinate statutes on transactions in the Agricultural CooperativeF Account;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. Suspension of execution;

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