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(영문) 의정부지방법원 2016.03.17 2016고단41
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 2, 2011, the Defendant, at the victim D’s house located in Dongducheon-si, 102-1502, the Defendant would pay KRW 10 million to the victim amounting to KRW 10 million until September 2013, on the face of lending KRW 10 million to the victim’s house located in Dongducheon-si, 201.

“A false statement” was made.

However, since the Defendant borrowed money from another place because it is not good in economic situation, he did not have any intent or ability to repay it even if he borrowed money from the damaged person.

As a result, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Defendant’s agricultural passbook E.

2. On January 2012, 2012, the Defendant: (a) deemed that the Defendant’s marriage funds from the said victim’s home would need to be added; (b) the Defendant borrowed KRW 3 million to the victim until September 2013.

The phrase “ makes a false statement.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 3 million from the victim to the Defendant’s agricultural passbook E.

3. On January 28, 2013, the Defendant would change the victim’s “if the Defendant lent money in need of money, it would change from the Dobcheon G branch office G to September 2013, 2013.

The phrase “ makes a false statement.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

In the end, the Defendant, as such, by deceiving the victim, received KRW 2 million from the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of borrowing money;

1. An application filed for commencing individual rehabilitation procedures;

1. Application of Acts and subordinate statutes concerning the adjudication of the District Court of the Speaker's District Court;

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. The Criminal Act, the suspension of execution;

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