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의정부지방법원 2017.10.19 2017고단2883
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

The Defendant is a “drawing” under the name of the Defendant operating the number system.

On December 18, 2014, the Defendant would use money to the victim C as a fund for operating a system of lending money at a place where it is not possible to repay the money to the victim C together with the money that has not been paid.

The phrase “ makes a false statement.”

However, the defendant did not own property, and since the members of the fraternity already operated failed to pay the fraternity to pay to the victim, it was difficult to pay the fraternity even if he borrowed money from the victim.

The defendant deceivings the victim as above, and was transferred to the account in the name of D on the same day from the victim to the account in the name of D on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Payment note, lease agreement;

1. Data on financial transaction details and loan details 1NICE evaluation and replies;

1. Application of the Acts and subordinate statutes on inquiries and replies to E;

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. Taking into account the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act, including: (b) the fact that the Defendant fully repaid the amount of damage to the victim; (c) the Defendant is aged; and (d) the Defendant has no criminal record other than the amount of fine of KRW 200,000 due to a violation of the Automobile Management Act in 2

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