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(영문) 수원지방법원 안산지원 2018.10.02 2018고단1969
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 14, 2009, the Defendant: (a) in the vicinity of the Defendant’s residence located in Ansan-si, Masan-si, the Defendant: (b) paid the Victim C with a credit card, and (c) paid a monthly rent; and (d) paid the parents only two months with a loan to the parent’s money for the distribution of their living expenses.

The phrase “ makes a false statement.”

However, in fact, the defendant had a debt of KRW 50 million without any special property at the time, and there was a revenue of KRW 3 million per month, but there was no intention or ability to pay the debt even if he borrowed money from the injured party, because he had to pay the creditor KRW 7 million per month.

Nevertheless, the defendant deceivings the victim as above and transferred 1.5 million won to the Agricultural Cooperative Account in the name of the defendant on the 15th of the same month from the victim.

The defendant, from that time to that time,

5. By 20.20, a total of nine million won was remitted from the injured party by 6 times, such as the list of crimes in the annexed sheet.

2. Around August 2009, the Defendant borrowed KRW 1,2140,00 from E from the non-fashion shop operated by the E located in Ansan-si member D, Ansan-si, and made a false statement to the victim C, stating that “The Defendant borrowed money from E to make a payment guarantee without molding it within one month.”

However, in fact, the Defendant did not have any intent or ability to repay the money borrowed from E in the month, since the Defendant exceeded his/her obligation as stated in paragraph 1.

Nevertheless, the defendant deceivings the victim as above and caused the victim to stand a joint and several surety for the amount of KRW 1,214,00,000 borrowed from E by the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of loan certificates and other Acts and subordinate statutes concerning financial transactions in question;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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