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(영문) 의정부지방법원 고양지원 2015.06.26 2015고단1098

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 14, 2014, the Defendants made a false statement to the effect that “The Defendants would have lent money to the victims E in the way that they would receive the payment of the check by collecting the check in the form of a former president’s non-funds,” and that “The Defendants will guarantee the principal and interest after 3:4 days after deposit, and deposit at the latest by the end of August at the latest.”

However, the defendants planned to use the above money for personal purposes, such as the repayment of debt, and there was no intention or ability to collect the receipts issued with the former president's vision and receive the insurance money.

As such, the Defendants conspired to induce the victim and received KRW 10 million from the victim’s account under the name of the Defendant for the purpose of borrowing money from the victim, and received KRW 10 million from the Defendant’s account under the name of the Defendant B, from that time to November 12, 2014, an aggregate of KRW 63 million, as shown in the attached crime list, from November 2, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of E;

1. E statements among the interrogation protocol of the Defendants

1. Application of the Acts and subordinate statutes governing personal financial transactions, respective borrowing certificates, the details of transactions of entry and departure, and the telephone content with Gap, A text message, and B text message;

1. Relevant Articles of the Criminal Act and the selective Defendants of the punishment: Articles 347 (1) and 30 of the Criminal Act;

1. The defendants of suspended sentence: The sentencing guidelines for sentencing under Article 62(1) of the Criminal Act are as follows: fraud, general fraud, type 1 (the sum of the amount of profit, less than 100 million won), basic area, imprisonment with prison labor for six months to one year, and six months, and six months, and one year and six months, and so forth.