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(영문) 대전지방법원 천안지원 2018.06.01 2017고단2802
사기
Text

A defendant shall be punished by imprisonment with prison labor 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 February 20, 2017, the Defendant made a false statement to the victim B, stating that “When necessary, money is needed to leave a card tin, it is leased only KRW 10 million to return the money at any time, and if so, it is later necessary to lend more than KRW 500,000,000,000 to the victim B, and the interest is paid in KRW 80,000 per month.”

However, in fact, the Defendant did not need money, but did not have an intention or ability to repay the amount of KRW 500-600,000 per month due to the existing 100,000 won obligation, and there is a need to pay the interest. On the other hand, the Defendant and her husband did not have any particular property, while her husband and her husband and her husband and her husband have to appropriate the above amount of income with repayment of the existing obligation and family living expenses. Thus, even if they have borrowed money from the injured party, they did not have an intention or ability

Nevertheless, the defendant deceivings the victim as above and is therefore subject to the loan from the victim, and on the same day, the defendant's account in the name of the national bank in the name of the defendant as 10 million won, the same year.

3.7. The above account was remitted to KRW 15 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a certificate of borrowing and a certificate of electronic financial transfer;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 25 (1) 1, Article 31 (1), and Article 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders (the remainder claimed by the applicant while the applicant has been partially reimbursed out of the amount obtained by deceit of this case);

1. In light of the reasons for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Sentence of Provisional Execution, the nature of the crime in the instant case is not easy in light of the content of the crime and the amount of defraudation, etc., on the other hand, the defendant confessions and reflects the crime in the instant case, and partly repaid the amount of

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