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(영문) 수원지방법원 2014.04.30 2014고단795

사기

Text

The Defendants shall be exempted from punishment.

Reasons

Punishment of the crime

Defendant

A on October 30, 2013, a judgment was rendered on April 2, 2014 by sentenceing one year and six months to be a crime of fraud in the Suwon District Court’s Ansan Branch, and on November 13, 2013, Defendant B was sentenced to two years of imprisonment with prison labor for a term of fraud in the above court on November 13, 2013, and the said judgment became final and conclusive on March 21, 2014. Defendant C was sentenced to two years of imprisonment with prison labor for a term of fraud in the above court on October 30, 2013, and the said judgment became final and conclusive on March 21, 2014.

On March 2013, the Defendants conspiredd to borrow money from those who want to borrow money at a lower rate after mediating a loan to those who want to borrow money.

Accordingly, in the Seocho-gu Seoul Etawork 1308 room on June 11, 2013, Defendant B made it false to the effect that “I would have the victim F borrowed borrowed KRW 10,000,000 from the Switzerland Savings Bank, and would have the loan borrowed to us at a low interest rate if I would receive the loan,” and then, Defendant B received KRW 10,000,000 from the victim to the corporate bank account in the name of Hannet Co., Ltd. on June 11, 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. A copy of a bankbook;

1. Photographs (Evidence No. 5);

1. Previous convictions in judgment: Each criminal record of the Defendants, each prosecution investigation report (Attachment of court records) and application of Acts and subordinate statutes significantly to this court;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act

1. Defendants who commit concurrent crimes: The latter part of Article 37 and the former part of Article 39(1) of the Criminal Act;

1. Defendants exempted from punishment: The latter part of Article 37 and the latter part of Article 39(1) of the Criminal Act (it refers to all the circumstances, such as the fact that the defendants recognize all their mistakes, the fact that the defendants agreed smoothly with the victims and the crime for which judgment has become final and conclusive, such as the record of the previous offense in the judgment, etc.);