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(영문) 의정부지방법원 2017.07.19 2017고단750
사기
Text

A defendant shall be punished by imprisonment for four 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

1. On April 29, 2011, the Defendant: (a) called the victim C by telephone from the French land on April 29, 2011; and (b) there is a lack of KRW 6 million to prevent Dong C from paying payments at the end of the month.

section 3.

In that sense, the East East requested the examination instead of the examination that could not speak.

It shall be repaid with a loan of KRW 6 million.

“A false representation was made.”

However, the above D lacks 6 million won for the defendant.

There is no fact that the defendant did not have a good credit condition at the time, and even if he borrowed money from the injured party, such as the personal debt amounting to KRW 30 million, he did not have an intention or ability to complete payment.

The defendant deceivings the victim as above and received 6 million won as the loan from the injured party on the same day.

2. On August 5, 2013, the Defendant, in the “G,” car page of the victim C’s operation on the first floor of the F hospital underground located in Gangdong-gu Seoul, Gangdong-gu, the Defendant should prevent domestic payments and obtain agricultural loans using this card, and should then file an application for loans with the NAF by no later than four times until now.

However, it is urgently needed to pay 18 million won in money.

I have borrowed this time after the lapse of this year.

It includes KRW 6 million and will be repaid with loans from the Agricultural Cooperative after one week.

“A false representation was made.”

However, the Defendant did not have any intent or ability to repay his personal debt, even if he borrowed money from the injured party, such as not having good credit standing at the time, and there is a considerable amount of KRW 30 million.

The defendant deceivings the victim as above and received 18 million won as the loan from the injured party on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of the respective Acts and subordinate statutes to a written confirmation, a financial transaction with the principal, and a reply to a request for investigative cooperation;

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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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