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(영문) 부산지방법원 동부지원 2016.01.05 2015고단1110
사기
Text

A defendant shall be punished by imprisonment for six 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

Although the monthly income of the Defendant was 4 to 50 million won as an insurance designer, the Defendant did not have any intent or ability to complete payment, even if he/she borrowed money from others, even though he/she did not have any circumstances that make it difficult for the Defendant to pay two school expenses, living expenses, and interest on the above obligation, from January 2013 to May 201 of the same year.

1. On January 25, 2013, the Defendant made a false statement to the effect that if the Defendant extended KRW 20 million to the Victim F in Suwon-gu, Busan, the Defendant would make a payment without the title of 10% interest per month.

The Defendant received 4.5 million won, prior interest and KRW 5 million, from the victim on January 31, 2013, and transferred 4.5 million to the victim, and received KRW 1.5 million, prior interest and KRW 1.5 million on February 4, 2013, and transferred KRW 13.5 million.

2. On March 8, 2013, at the same place as indicated in the foregoing paragraph (1) above, a false statement was made to the effect that, if a victim lends an additional loan of KRW 10 million to the victim, 10 million per month interest shall be paid and KRW 5 million shall be paid on April 8, 2013 and KRW 5 million on May 8, 2013 shall be paid.

The Defendant, on March 8, 2013, was transferred KRW 9 million to the injured party.

Accordingly, the defendant was given a total of KRW 27 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, and the following circumstances, including the Defendant’s age, sex, environment, and motive and circumstances leading to each of the crimes of this case, means and results, and the circumstances before and after the commission of the crimes.

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