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(영문) 전주지방법원 군산지원 2016.08.10 2016고단335
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person working as a management employee at the “C” company located in Isan-si, and the victim D is a substitute engineer who received the cargo transport service from the “C”.

On May 10, 201, the Defendant stated that “The Defendant shall pay the Defendant money to the wife” to the victim in front of the post office located in the Darari-si, Darasan-si, Darasan-si, the Defendant borrowed only KRW 10 million because he/she did not have any money, and that he/she would pay the money after this mold.”

However, the facts indicate that the Defendant had been able to repay money to other employees of a company other than the wife, and around that time, he received a monthly amount of 2.5 million won, but most of the Defendant had paid money to the Defendant’s wife as living expenses. There was no real estate or other property under the Defendant’s name. The former North Korean bank did not have any intention or ability to repay the principal and interest even if it borrowed money from the Defendant, since it had a total of 8 million won, 18 million won, 18 million won, 18 million won, 18 million won, 2 million won, 3.7 million won, 7 million won, 7.7 million won, 8 million won, 160 million won, 80 million won, 160 million won, 3.0 million won, 3.7 million won, 3.7 million won to G with the Defendant’s small amount of money, and 160 million won, from the Defendant’s wife.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received a cash of KRW 10 million from the victim, i.e., the victim; (c) from the victim; (d) from November 4, 2013, up to 16 times as indicated in the list of crimes, the Defendant was granted KRW 85 million, in total, from the victim under the name of the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Inquiry into details of each financial transaction and application of Acts and subordinate statutes on details of each deposit transaction;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] general fraud.

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