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(영문) 부산지방법원 2018.04.30 2017고단4656
사기
Text

A defendant shall be punished by imprisonment for 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

[Criminal Records] On November 4, 2016, the Defendant was sentenced to a suspended sentence of two years for the crime of forging a private document at the Busan District Court, and the judgment became final and conclusive on the 12th of the same month.

[2] On June 1, 2016, the Defendant loaned money to the victim D at the coffee shop in front of the Busan Metropolitan City apartment B, Busan Metropolitan City, to the Defendant: (a) on June 1, 2016, the Defendant paid five (5) interest per month to the victim.

Along with the loan of KRW 20 million, a false statement was made to the effect that “The principal will be paid up to December 20, 2016, while the principal will be paid up to December 20, 2016.”

However, at the time, the defendant bears approximately KRW 80 million in the absence of special assets, and the amount received from the injured party was planned to use all for the repayment of the debt, and was not an economic ability to pay monthly interest to the injured party, and there was no intention or ability to pay the principal within the agreed time limit.

Nevertheless, on June 21, 2016, the defendant deceivings the victim as above and acquired 20 million won from the victim to the new cooperation account (E) in the name of the defendant around June 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D in the protocol concerning the examination of the accused by the prosecution;

1. Complaint;

1. Details of banking transactions;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, investigation report (report attached to the relevant judgment during the period of suspension of the execution of a suspect);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

2. Selection of penalty penalty:

3. Subsequent to Article 37 of the Criminal Act, Article 39 (1) of the same Act:

4. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that an injured person

5. Article 62-2 (1) of the Criminal Act for community service;

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