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(영문) 창원지방법원 2021.02.16 2020고단1933
사기
Text

A defendant shall be punished by imprisonment for one year.

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 December 17, 2018, the Defendant is scheduled to take over the whole of the D complex project that is created by the Defendant by phone to the victim B at a non-permanent location.

The contact with E is proceeding.

D Lending KRW 20 million as to the acquisition deposit for the complex is required. Deposit is made in the name of N.N. F, and return KRW 20 million by finding out the deposit immediately within the country.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant had a large number of debts, and was planning to use the loan to G, which is a bond company that is not a bond-backed acquisition deposit but a bond company that received money from the injured party, for the purpose of receiving the loan, and the said loan is unclear.

(a) The possibility of a private loan;

Even if one borrows money from the injured party, there is no intention or ability to pay the next day.

Nevertheless, the defendant deceivings the victim as above and acquired the money from the victim to the bank account (H) of F name F on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of text messages, details of the entry and departure transactions, portrait photographs of the writing of a summary, photographs of some of the E-Agreement on Signature, and fact-finding certificates;

1. Investigation reports (netly 11), the application of credit information replies-related Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, prior to the instant case, was sentenced to imprisonment two times in the form of fraud, one suspended sentence, and one criminal punishment once in the form of a fine, and that the instant damage amount is larger, the Defendant’s responsibility is heavier.

However, it is reasonable to take into account the fact that the defendant agreed with the victim and against his fault.

The Defendant’s age, sex, environment, including the above circumstances;

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