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(영문) 수원지방법원 2018.01.19 2017고단7002
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

On August 8, 2015, the Defendant is a project that does not incur any loss to the Defendant in a mutually influorous restaurant in the operation of the Victim C, which is located in the early Maman-si.

In the event that the money sold to the restaurant operated by N.N. was lent to N.B, the principal would be returned at any time at the rate of 2% or 2.5% per month and at any time at N.N.’s request.

However, on April 2015, the Defendant lent the amount of KRW 250 million to the branch of a casino with the amount of KRW 250 million for gambling money, but the branch was unable to receive the said loan due to his escape. At the time, the Defendant did not have any intent or ability to repay the loan even if the bonds of the financial institution amounting to KRW 60 million are borrowed from the damaged party with the amount equivalent to KRW 200 million.

Around August 14, 2015, the Defendant: (a) by deceiving the victim; (b) obtained a total of KRW 20 million from the national bank account under the name of the Defendant to the national bank account under the name of the Defendant; (c) obtained KRW 30 million from the other national bank account under the name of the Defendant on August 27, 2015; and (d) obtained a total of KRW 70 million from the national bank account under the name of the Defendant, which was first remitted from the victim on October 12, 2015; and (c) obtained a total of KRW 120 million from the national bank account under the name of the Defendant on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions in the bank account in each suspect's name (Evidence No. 14, 15, 16) and the application of statutes;

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

1. Although the punishment of Article 62(1) of the Criminal Act is reasonable, and a significant portion of damage has not yet been realized, considering the fact that the defendant actually pays a certain amount of money every month, and the victim is willing to faithfully repay his/her wife to the defendant, and the fact that the defendant has no record of exceeding the fine, the defendant's age, sex behavior, environment, circumstances of the crime, and after the crime.

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