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(영문) 제주지방법원 2020.10.16 2020고단1724
사기
Text

A defendant shall be punished by imprisonment for a period of two months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

It was transferred to Jeonju District Court 2020 Godan265.

On April 21, 2010, the Defendant told the victim B (a person aged 31) who was born at a university to the effect that “I will pay money immediately if I lend money.”

However, the Defendant did not have any intention or ability to repay, even if she borrowed money from the victim, since the Defendant had a larger situation than the profits earned from the insurance business at the time of the time. Accordingly, the Defendant did not have any intention or ability to repay the money, as it was in excess of the obligation due to the loan of financial rights and the bonds.

Nevertheless, the Defendant, by deceiving the victim as above, received 12 million won from the victim to the new bank account (C) in the name of the Defendant on the same day.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Statement of statement concerning B prepared by the police officer;

1. Entry in the petition form B;

1. Application of Acts and subordinate statutes to each content certificate, each certificate of confirmation, each specification of transactions, and each protocol of liquidity transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the range of applicable sentences under law] 1 month to 10 years [the decision of applicable sentences] - fraud, general fraud, and type 1 (less than 100 million won) of the Criminal Act - Where a person committed a deceptive act intentionally at fault (the special-purpose): Reduction element - In cases where a person committed a deceptive act at fault at fault (the general-type person : general-type reduction factor - a serious reflective factor - aggravating factor - a mitigated factor: a reduced area of personal trust relation : a reduced area of use of confidential relationship - a month to 1 month from 1 year from 1 year from 1 year from 1 year from 1 year of 3 years [whether a suspended sentence has been suspended] where a person committed an intentional deceptive act at fault: A negative reason for commission: Agreement -

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