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(영문) 수원지방법원 안산지원 2017.08.08 2016고단4899
사기
Text

A defendant shall be punished by imprisonment for four 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

The defendant is a worker in daily employment.

The defendant did not have any intention or ability to complete the payment even if he borrowed money from the injured party, in a situation where it is difficult to pay the interest on the commercial profits with the net profits in excess of his obligation in 2012 to 2013.

1. On May 4, 2012, the Defendant committed a crime on May 4, 2012: (a) called the victim C on the water surface operated by the Defendant in Silung-si B; and (b) even if the Defendant borrowed money from the damaged party even if he/she borrowed money from the damaged party, it is necessary to operate a high-water business fund even if he/she did not have the intent or ability to repay the money.

It shall be paid within four months from the loan of money without being paid.

“Along on the same day from the victim’s bank account (D) to the Defendant’s account (E) in the name of the Defendant on the same day, the member was transferred KRW 4 million from the victim.

2. The Defendant, who committed a crime on October 30, 2012, committed the crime, with the phone call from the victim on October 30, 2012, is to pay the victim a full payment without paying any money.

“Along with the false statement,” the victim was transferred KRW 25 million from the said SC bank account under the same day to the Defendant’s name (F) account on the same day.

3. The Defendant, who committed a crime on May 16, 2013, is liable to repay money to the victim with a telephone from the victim on May 16, 2013.

‘Falsely speaking, the victim was transferred KRW 10 million from the said SC bank account in the victim’s name on the same day to the said Nonghyup bank account in the victim’s name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes to a financial transaction certificate, loan transaction contract, monetary consumption and lending contract, judgment document 2015 Ghana district court 2985 Ghana;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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 suspended execution;

1. Protective observation and community service order under the Criminal Act;

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