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(영문) 춘천지방법원 2017.05.17 2017고단107
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment due to fraud, etc. in the support of Suwon Friwon, etc. on July 23, 2013, and the above judgment became final and conclusive on July 24, 2013. On January 19, 2014, the Defendant completed the execution of the sentence in the Gisung Vocational Training Correctional Institution.

[Criminal facts] Whether the Defendant may allow a victim C to obtain a loan by raising the credit rating from the victim C who was aware of his/her reputation at around February 14, 2015.

In order to be asked of “the credit rating”, the term “the credit rating” was false at the Bank of Korea and the National Bank of Korea to receive a loan of approximately KRW 150 million,00,000.”

However, in fact, the Defendant did not have any work related to the loan at all, and there is no other reason to pay 8 million won with the money borrowed from another person without any income from the loan, and there is no need to do so. Therefore, the Defendant merely thought to use the money for personal purposes, such as repayment of debts and living expenses, and did not have the intent or ability to receive the loan from the victim.

Nevertheless, the Defendant received KRW 1,050,000 from the victim’s account on January 24, 2015, from the victim, and received KRW 2,587,00 in total over 27 times from July 31, 2015, as shown in attached Table 1 through 4, and 6 through 28.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A copy of a statement of transactions of deposits and withdrawals, and a certificate of details by member trading account (A submission);

1. Previous convictions in judgment: Application of the results of inquiry, such as criminal history, and the application of Acts and subordinate statutes to investigation reports (attached to judgment, etc.);

1. In full view of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the Defendant’s reason for sentencing the sentence of imprisonment without prison labor continues to be aware of the fact that the Defendant was a repeated offender due to the same type of crime.

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