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(영문) 대전지방법원 2018.12.20 2018고단3270
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

On May 23, 2017, the Defendant told the victim E, who is an employee of the above multilateral bank, to “D multilateral bank” in the Defendant’s operation in South Won Won-gu, and the Defendant agreed to lend KRW 9 million to the victim E, who received the time limit amounting to KRW 30 million during July.

However, the Defendant did not receive the time limit, and from around 2013, the Defendant had no intent or ability to pay the said time limit, even if he/she borrowed the money from the injured party, as the case where he/she had repaid the individual debt with the so-called so-called “return prohibition” in excess of the obligation.

Nevertheless, the Defendant made a false statement to the victim and received KRW 9 million from the victim to the Saemaul Treasury account in the name of the Defendant on the same day as the loan money, and made a false statement to the effect that “A person would lend money to him/her for the purpose of paying the card payment,” and that “A person would pay KRW 3 million on June 21, 2017 if he/she borrowed money from his/her husband’s husband’s husband, who would have borrowed money to pay KRW 50 million on June 26, 2017,” respectively.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 13.9 million from the victim three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. The application of statutes concerning personal credit information, details of transactions in each account, copies of bankbooks, investigation reports (G telephone conversations with respect to telephone conversations), investigation reports (related to telephone conversations with the accused husband), investigation reports (related to H telephone conversations and revision of criminal facts), investigation reports (applicable to I telephone conversations);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the following circumstances; (b) the Defendant’s age, sex, environment, family relationship; (c) the motive and consequence of the crime; and (d) the circumstances of sentencing as shown in the instant pleadings.

Unfavorable circumstances: the background of the instant crime.

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