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(영문) 창원지방법원 2017.01.20 2016고단3477
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 10, 2014, the Defendant loaned KRW 1,3250,00 to the victim E who was aware of “D multilateral” located in Kimhae-si, Kim Jong-si on October 2014, and paid the full amount in installments for ten months from November 17, 2014 to August 17, 2015.

“The loan certificate was drawn up and issued as above.”

However, the defendant bears a large amount of liability, and even if he borrows money from the injured party without any specific property, he did not have the intention or ability to repay it.

As above, the Defendant, as such, acquired the total sum of KRW 1,325,00,00 from the injured party on October 17, 2014, KRW 2 million on October 19, 2014, KRW 1850,000 on the 20th of the same month, and KRW 1,325,00,00.

Summary of Evidence

1. The defendant's legal statement (the date of the third public trial shall be the date);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the loan certificate and transfer details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that the victim under an agreement with the victim does not want the punishment of the defendant, the fact that the victim recognizes and reflects the crime late and late, and the fact that there is only the previous conviction of the fine of this kind);

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