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(영문) 서울북부지방법원 2016.04.07 2016고단13

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant was a male-child of the defendant in Dongdaemun-gu Seoul Metropolitan Government D on January 1, 2015.

From the E’s office, the fact is that the Defendant’s debt amounted to KRW 60 million, and the Defendant’s father was also an applicant for personal rehabilitation, and even if the Defendant’s father was unable to recover the loan due to his/her bankruptcy, he/she did not have any intent or ability to repay the money within a number of months, and the victim did not have an intent or ability to pay the money. The victim’s “it is necessary to pay the living expenses to live with the E, and the amount of money is required to be repaid, and he/she would receive the loan under his/her father’s name within three months if he/she borrowed the money with the loan.” This is the false statement that the victim “I would pay the money under his/her father’s name within the three-month period if he/she borrowed the money with the loan.”

3. Two million won, five million won for the same month, five million won for the 24.5 million won for the same month, five million won for the 25.5 million won for the same month, and three million won for the 300 thousand won for the same month; and

2. 315,00 won was transferred to the Saemaul Depository Account (Account Number:F) in the name of the criminal defendant, and acquired a total of 12,115,000 won by fraud.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a loan transaction agreement, inquiry into details of transaction, loan certificate, copy of passbook, mobile account number, transaction statement of Saemaul Depository, and application of each investigation report;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 25(3)3, Article 32(1)3, and Article 32(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation [the scope of punishment is not clear, and the scope of liability is not clear] There is no basic area (from June to one year and six months) [the person subject to special sentencing] [the sentence] [the fact that the damage was almost not recovered even if the amount of the acquired money was not small, the fact that the defendant was the primary offender, the fact that the defendant was partially repaid, the defendant's character, environment, family relationship, the motive and consequence of the crime, and the circumstances after the crime, etc. are committed.