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(영문) 창원지방법원 마산지원 2017.05.16 2017고단279
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

On April 2015, the Defendant paid 2.5% interest on the monthly interest of the victim who lent KRW 20 million to the victim at the place of D Senior Citizens Hospital, etc. working for the victim C in Changwon-si, Changwon-si, Mapo-si, Changwon-si, and repaid the principal after three months.

If it is impossible to repay, it was false to the effect that he/she will transfer his/her deposit money and EKa car.

However, in fact, since the authority to dispose of the above deposit repayment claim was in the victim's wife and the above car was not registered in his name, the defendant did not have the right to transfer the above deposit repayment claim or the above car to the victim. At the time, the defendant did not have the intention or ability to repay even if he borrowed money from the victim because there was no special property or income.

The Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million in cash from the 21st place of Changwon, Changwon-si, Changwon-si, Changwon-si on April 30, 2015, from the victim; (c) received KRW 10 million from the Agricultural Cooperative Account (Account Number (F) in the name of the Defendant around May 1, 2015; and (d) received KRW 20 million in total on three occasions on May 4, 2015, from the said Changwon-dong branch of Changwon-si, Changwon-si, Changwon-si, Changwon-si; and (e) received KRW 5 million in cash from the said branch of Changwon-si, Changwon-si, Changwon-si, Seoul; and (e) received KRW 20 million in total on three occasions on May 4, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of a certificate of borrowing;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to one year and six months [the scope of the recommended punishment]; the basic area (up to six months to one year and six months) (up to six months) of the basic area (up to one year and six months); and

2. The circumstances under which the sentence of sentence is rendered, and the age, sex, environment of the defendant;

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