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(영문) 춘천지방법원 영월지원 2021.02.16 2020고단387
사기
Text

A defendant shall be punished by imprisonment for one year.

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 August 3, 2015, the Defendant made a false statement to the effect that, at the office of the president of the C Union located in Yangcheon-gu Seoul Metropolitan Government, “A project to charge gas, etc. after receiving an auction of land E,” the Defendant borrowed KRW 150 million from the auction cost of the above land within six months, and paid the interest by 1.5% per month, and would provide the said land as security.”

However, the above land was purchased at FF corporation on July 2015 and was not subject to auction. Defendant 1 did not have any other property invested in the business except the above 150 million won, and Defendant 2 thought to use the amount of the money received from the injured for personal purposes, and thus, even if 150 million won was borrowed from the injured party, there was no intention or ability to change it within one year from six months to one year.

Nevertheless, the defendant deceivings the victim as above and obtained the check of 150 million won from the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Statement made by the police with regard to D;

1. A H statement;

1. Application of Acts and subordinate statutes of a credit report, including a copy of a letter of loan, a copy of the statement of agreement execution, a record, a criminal investigation report (related to the submission of a check number which is an accusation), a warrant of search and seizure, reply to a warrant of search and seizure, a criminal investigation report (report on the contents of HH currency related to I lease and reporting on the whole

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

1. The Defendant, on the grounds of sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence, deceiving the victim, thereby deceiving him of KRW 150 million.

The defendant's responsibility for this is not easy.

However, considering the fact that the defendant shows a reflective form by recognizing the crime, the fact that the defendant fully pays the damaged amount and received the letter from the damaged person, etc.

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