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(영문) 대전지방법원천안지원 2020.09.22 2020고단1418
사기
Text

A defendant shall be punished by imprisonment for one year.

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 August 12, 2018, the Defendant made a false statement to the victim B, as if there is sufficient property to secure the obligation of the borrowed money, and as a result, the Defendant offered money to the victim B by telephone. The Defendant made a false statement to the effect that the Defendant borrowed money to the Bank (a bank).

However, the Defendant had been in contact with the members of the fraternity operated around that time, and had a large amount of obligation borne by the Defendant, even if she borrowed money from the victim, she only intended to use most of the money as the principal and interest of the personal obligation, not the payment of the transaction partner, and she had sold the real estate owned by the Defendant immediately before she borrowed money from the victim to another person, so there was no sufficient property to secure the borrowed money.

Ultimately, as above, the Defendant, by deceiving the victim as above, received cash of KRW 15 million in the vicinity of the Dong-gu Seoul Metropolitan City C market in the same day from the victim, Dong-gu, Chungcheongnam-gu, as well as obtained a total of KRW 100 million through four times from August 12, 2018 to August 15, 2018, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. A certificate of request for remittance, a certificate of deposit in each system, each cash receipt, a loan certificate, a detailed statement of deposit and withdrawal transactions, a detailed statement of deposit and withdrawal, and a detailed statement of deposit transactions;

1. Responses and credit information history upon request for cooperation in investigation;

1. Application of statutes in Part IV of the investigative report (verification of the current status of real estate owned by a suspect), registration, and full certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Probation Criminal Act recognize and reflects the defendant's mistake, and the defendant is the first offender, and the defendant has agreed with the victim [the defendant has repaid 9 million won to the victim before June 5, 2020 (Evidence Records No. 183, 183, and 11, 2021).

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