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(영문) 창원지방법원 2014.07.23 2013고단3147
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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 March 9, 2012, the Defendant made a false statement that “The Defendant borrowed money from several persons with the remaining interest rate at the rate,” and that “The Defendant would pay 500,000 won per month to the victim B, if he/she lends 20,000,000 won to the Plaintiff.”

However, in fact, the Defendant did not have any intent or ability to complete payment even if he/she borrowed money from the victim with approximately KRW 130 million of debt.

As such, the Defendant, by deceiving the victim, received three million won in cash from the victim, and on the same day, acquired 17 million won in the personal compromise account under the name of the Defendant and acquired 20 million won in total.

Summary of Evidence

1. Statement of the defendant in court, and statement of the defendant in the first trial record;

1. Application of the evidence list Nos. 2 to 8 by the prosecutor

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that the victim reflects himself/herself and cancels the complaint against the accused by mutual consent with the victim);

1. Social service order under Article 62-2 of the Criminal Act;

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