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(영문) 수원지방법원 성남지원 2017.11.30 2017고단2313
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 September 28, 2016, the Defendant made a false statement that “The Defendant would lend money to the victim E to set up a security to the land under his/her name, and complete payment within one month.”

However, the Defendant, without any particular revenue at the time, has been making a loan equivalent to KRW 640 million, and the Defendant had no ability to repay the borrowed money within the month in which the promise was made, even if he/she borrowed money from the damaged party due to lack of collateral value, such as the seizure of the tax office due to tax in arrears and the establishment of the right to collateral security, etc.

The defendant deceivings the victim as above and received KRW 9 million in cash from the injured party on the same day on the same day.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of statutes on a certificate of borrowing money;

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. The punishment as ordered shall be determined in consideration of the fact that the defendant is against the reason for sentencing under Article 62-2 of the Criminal Act, and that he/she is endeavoring to recover damage, etc.

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