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(영문) 의정부지방법원 2018.02.13 2017고단5324
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On March 2015, the Defendant committed the crime against the Victim B, false statement to the victim who operates a number system at any place in ancient city, stating that “the time limit for the payment of fraternity payments is changed.”

However, the Defendant had a debt equivalent to KRW 100,000 at the time of employment, and the Defendant received a loan from the lending company, and the Defendant did not have an intention or ability to pay the credit amount normally even if he received the credit amount due to the lack of economic circumstances to obtain the credit card loan equivalent to KRW 6,30,000.

Accordingly, the Defendant, as above, taken out a number of 1.2 million won per month between March 25, 2015 and April 25, 2017 (1.5 million won from the time when the extension was paid) between March 25, 2015 and April 25, 2017 by deceiving the victim, and acquired financial benefits equivalent to KRW 7.5 million by not paying the extension.

2. On February 4, 2016, the Defendant committed the crime against the Victim C: “Apon money to be obtained by Apon ck is necessary for the victim at any place in Goyang-si.”

It shall be repaid two months after the loan of one million won.

“The phrase “ was false.”

However, the defendant did not have any intent or ability to pay money even if he borrowed money from the damaged person due to economic difficulties such as the above 1.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim, as the loan money around February 4, 2016, from the victim, to the Defendant’s account as the loan money, and received a total of KRW 16.2 million in the same way as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Investigation report (D phone investigation for witnesses);

1. Application of Acts and subordinate statutes to investigation reports (in response to age, credit information inquiry results);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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