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(영문) 인천지방법원 2015.11.05 2015고단4424

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 10, 2014, the Defendant stated that “Around July 10, 2014, at E office operated by the victim D, in Bupyeong-gu, Incheon, Bupyeong-gu, “A credit card is used and the credit card is urgently paid” to the victim. On that hand, the Defendant would pay back without molding from September 30, 2014.”

However, in fact, the defendant did not have any intent or ability to repay his or her debt even if he or she borrowed money from the victim.

The Defendant, as above, deceiving the victim and received KRW 5,00,000 from the victim under the same day as the borrowed money from the victim, from that time during the same year.

9. Until August 9, 2000, a total of KRW 40 million was delivered as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A detailed statement of passbook transactions;

1. Each certificate of borrowing;

1. Application of Acts and subordinate statutes to a report on investigation;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Fraud (less than KRW 100 million) and the extent of deception (special mitigation) is weak (one month to one year) (special mitigation) [the decision of sentence], the defendant paid 5 million won to the injured party, and the remaining damages are agreed smoothly with the injured party. It is so decided as per Disposition by taking into account the following: