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(영문) 수원지방법원 여주지원 2016.01.25 2015고단1084
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 6, 2015, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Eastern District Court for six months, and the judgment became final and conclusive on the 14th of the same month.

Criminal facts

On July 9, 2012, the Defendant would lend the victim C with the interest of KRW 23 million on July 5, 2012 on the agricultural and fishery products market located in Chang-dong, Seo-gu, Gyeonggi-do, with the victim “if he/she is urgently required to use money in his/her house, he/she will pay it after three months.

The phrase “ makes a false statement.”

However, at the time, the Defendant was liable for the amount of KRW 1.29 billion, including KRW 678 million, KRW 536 million, KRW 7.3 million, and KRW 1.290,300,000, and KRW 1.290,030,000, and KRW 7.6.3 million, to the Saemaul Dong-dong, Seongbuk-nam, and KRW 4.5 billion, and the Defendant had no intent or ability to pay the interest and principal of KRW 5,00,00,00,000 to the Defendant, even if he borrowed money from the injured party.

Nevertheless, the Defendant received 23 million won from the injured party as the borrowed money, and received 62 million won in total from the injured party without any intention or ability to repay 13 times under the same name as the statement in the list of crimes in the attached Table, as well as from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A complaint;

1. Letter of payment, details of borrowed money, certificate of borrowed money, copy of passbook, credit information inquiry consent, and credit report;

1. Application of Acts and subordinate statutes to report on investigation (the results of inquiry into credit information to the suspect);

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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. The fact that the reason for sentencing under Article 62(1) of the Criminal Act is a relatively large amount of damage to the defendant is disadvantageous to the defendant.

provided, however, that the victim is a victim.

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