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Reasons
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(영문) 청주지방법원 제천지원 2014.01.23 2013고단799
사기
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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2012, the Defendant made a false statement to the victim C by phoneing the victim C at an unsound place, stating, “I would pay the principal in full within three months if I would lend money to the victim, and will pay interest at 10% per month.”

However, in fact, the Defendant was registered as a bad credit holder because he was unable to repay approximately KRW 30,00,000 without any specific property at the time, and approximately KRW 2,000,000 monthly income was thought to consume part of the borrowed money from the victim as living expenses because he did not have any remaining money after being consumed due to living expenses, etc., so even if he borrowed the money from the victim, the Defendant did not have the intent or ability to properly repay it.

As above, the Defendant, by deceiving the victim and receiving KRW 2,700,000 on the same day from the victim to the Agricultural Cooperative account in the name of D, and by receiving KRW 20,500,000 in total seven times from the above date to April 17, 2012 through the above method, as described in the attached list of crimes, respectively, and acquired the money from the victim to the Agricultural Cooperative Account in the name of D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on account transactions;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, inclusive, the choice of imprisonment with prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (the fact that the defendant has repaid 6 million won to the victim as the principal and interest, the previous fraud has long been committed, all of which are a fine, and the crime of simply

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