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(영문) 서울동부지방법원 2016.04.04 2015고단3870

사기

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On March 3, 2015, at the office of the defendant's office located in Yeongdeungpo-gu Seoul Metropolitan Government, the defendant called the victim E to raise the deposit for the lease on apartment house, and there is a need to pay KRW 30 million rapidly.

A loan of KRW 30 million was provided that 20 million shall be repaid at least 20 days, and the remainder of KRW 10 million shall be repaid after one month.

However, as above, even if the Defendant borrowed KRW 30 million from the above victim, it was thought that he will use it as a business fund, and did not think that he would use it as a deposit for the lease on apartment, and there was no intention or ability to repay it even if he borrowed the above money.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) obtained money from the said victim to the bank account in the name of F on May 4, 2015; and (c) acquired money from the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. The defendant, on the grounds of the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding the crime, the selection of a sentence, and the sentencing of imprisonment, recognized all the crimes from the third public trial day, and there is no record of the same crime.

However, the defendant does not completely recover from the damaged person the money which is 30 million won or more.

The sentencing conditions shown in the trial process of this case, such as the defendant's age, sexual conduct, and circumstances before and after the crime, shall be determined as ordered by taking into account such various circumstances.