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(영문) 광주지방법원순천지원 2020.08.27 2020고단1015
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, around March 7, 2018, lent KRW 25 million to the victim B at a rest area of sewage located on the 1,000,000,000 won at the end of the end of the day from the end of the day from March 7, 2018.

‘Falsely speaking to the effect that ‘’ was false.

However, in fact, the Defendant had no particular property at the time, and around that time, had a loan obligation equivalent to KRW 18 million to C Co., Ltd. from August 2017 to April 2018, and there were no economic circumstances such as not paying a total of KRW 34210,000 from August 2017 to April 2018. Therefore, even if the Defendant borrowed money from the victim, it did not have the ability to repay it to the victim by the date of the said promise.

Around March 9, 2018, the Defendant, by deceiving the victim, received KRW 25 million from the victim’s account in the name of E used by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of deposits and transactions;

1. Application of statutes on a copy of a notarial deed;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) that the injured party does not want punishment against the accused, that the accused pays 50,000 won per month in accordance with the terms and conditions agreed upon in receipt of the letter of withdrawal of complaint, and

1. Social service order under Article 62-2 of the Criminal Act;

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