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(영문) 인천지방법원 2016.06.16 2016고단1295

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 2015, the Defendant loaned KRW 60 million to the victim B at the trade infinite coffee shop located in Songpa-gu Seoul, Songpa-gu, Seoul. The Defendant would pay interest of KRW 2 million per month to the victim B.

The phrase “ makes a false statement.”

However, in fact, the Defendant had no property with a debt of 50 million won or more, and the contract for the shop was not yet concluded, and even if he borrowed money from the injured party, he did not clearly have any intention or ability to repay the principal and interest by operating the shop even if he borrowed money from the injured party.

Nevertheless, the Defendant, as seen above, by deceiving the victim and deceiving the victim from the victim to the account under C’s name on July 23, 2015, and acquired a total of KRW 60 million, including KRW 10 million on July 23, 2015 and KRW 50 million on July 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. An investigation report (referring to D), an investigation report (referring to a report on the hearing of statements from a person for reference related to the shop contract at the end);

1. Application of Acts and subordinate statutes to the details of deposits and withdrawal;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. Although the defendant had a record of punishment for the same kind of crime, he/she again committed the crime of this case; he/she saw the money acquired by the defendant from the damaged person as living expenses and gambling funds; he/she did not repay the damage at all; and the defendant's age, occupation, sex, sex, environment; circumstances and motive leading to the crime of this case; and circumstances before and after the crime of this case, etc. shall be comprehensively considered and determined the same sentence as the order of punishment as stated in the records.