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(영문) 수원지방법원 안산지원 2016.02.17 2015고단4121
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 9, 2013, the Defendant: (a) at the victim C’s residence located in Ansan-si, Masan-si, the Defendant would pay the victim interest at KRW 100,000 per month, if the Defendant borrowed money from the business fund to repair the accident vehicle in return for the place of business; and (b) there is a lack of money; (c) the Defendant would pay the victim interest at KRW 100,000 per month.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, even if the defendant borrowed money from the injured party, he did not use it as a business fund, and was thought to use it as debt repayment and living expenses at the time. The defendant did not have a certain monthly income at the time, and even if he borrowed money from the injured party, he did not have any intention or ability to repay it even if he borrowed money from the injured party with a debt of 20 million won to Hyundai Capital, in addition to the debt of 20 million won.

Around April 10, 2013, the Defendant deceiving the victim and transferred KRW 9 million to the Nonghyup Bank Account (D) in the name of the Defendant around April 10, 2013.

From around that time to June 14, 2013, the Defendant received a total of KRW 17,800,000 from the injured party by the same method over a total of ten times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (Supplement of Complaints) made by the police against C;

1. Process of loan agreement for full-time consumption and a copy of a loan certificate;

1. Details of transactions and a detailed statement of deposit transactions;

1. Application of statutes upon inquiry of personal credit information;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (less than KRW 100,00) in the basic area (from June to June) in the scope of the recommended punishment;

2. The criminal records of the same kind, the age, sex and environment of the defendant, the background of the crime in this case, the circumstances after the crime, etc. are committed, which are contrary to the scope of punishment;

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