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(영문) 인천지방법원 2018.05.25 2018고단2379
사기
Text

A defendant shall be punished by imprisonment for six 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

[Criminal record] On September 18, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Incheon District Court Branch Branch Branch on September 18, 2015, and the judgment became final and conclusive on December 3, 2015.

[Criminal facts] The Defendant is the head of the branch office of the E Company, North Korea, and the victim F, located in Gangnam-gu, Seoul, Gangnam-gu, Seoul, as an employee of the branch office of the E Company, and the victim F.

The Defendant, at the time of interest, etc. on financial institutions, was thought to be used as living expenses, etc. even if he/she borrowed money from another person because he/she was unable to properly meet the living expenses, and there was no intention or ability to repay it.

Nevertheless, the defendant, at the above branch office around May 2012, decided that "the father is a member of the Agdong New Town redevelopment project, and that he would be sold to the victim.

Since the repayment was made in the middle and the amount of the loan was insufficient, it will be repaid after one year if the loan is borrowed from the bank.

“Falsely speaking to the effect that “Accompiced” had the victimized person obtain a loan from the bank, and then acquired money of KRW 32 million as a loan on June 7, 2012 by remittance from the national bank account under the name of the Defendant to the national bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of each reference of H, I, J, and K;

1. Application of Acts and subordinate statutes to a complainants on banking transactions and a statement of bank transactions in the complainants;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order (such as filing a civil lawsuit by an applicant for compensation) has already been rendered a favorable judgment.

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