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(영문) 수원지방법원 2017.12.21 2017고단6863
사기
Text

A defendant shall be punished by imprisonment with prison labor for four 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

From January 2017 to February 2017, the Defendant is required to pay money to the victim B who was aware of the trade name near the ordinary reservoir in the common rithm in the Cheongsan-si and the trade name near the Cheongsan-si in the Cheongsan-si in the coffee shop where it is impossible to find out the trade name near the common rithm of the common rithm in the Cheongsan-si, Cheongsan-si.

A loan of KRW 60 million shall be paid 1% interest per month from three months after the date of the loan.

“The C supervisor and the old end are well known, and there is a need for an additional KRW 20 million in order to care for C supervision in the old-gu classrooms.

It will be changed from three months to three million won each month from the revenue of the party head who has been operated before the loan of money.

“False speech” was made.

However, at the time of fact, the Defendant did not operate the party room and received money from the injured party, and was willing to take over and operate the party room or to repay the existing debts. Since it did not have been in contact with C in the operation of the party room or in connection with C, there was no intention or ability to repay the money even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim as such, received a transfer of KRW 80 million, including the sum of KRW 30 million on February 3, 2017, KRW 30 million on February 7, 2017, KRW 20 million on February 8, 2017, and KRW 80 million on February 8, 2017, to the Nonghyup Bank account (Account Number E) in the name of the Defendant’s wife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A copy of each passbook, the F Party business registration certificate, the investigation report (to-face G telephone conversations by reference witnesses), the investigation report (to-face the suspect's credit information response), and the application of statutes governing credit information (A);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2(1) of the Criminal Act, the Act on the Protection, Observation, etc. of Social Service Orders;

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