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(영문) 수원지방법원 2014.10.01 2013고단7337

사기

Text

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

Reasons

Punishment of the crime

1. On July 2012, 2012, the Defendant made a false statement to the effect that “The Defendant would use and repay the amount of money that 20,000 won has left, if he/she lent to the Defendant the money that she would have left for profit.” The Defendant made a false statement to the effect that “The Defendant would use the money that she would have left for profit.”

However, from January 2012, the Defendant thought that there was no particular income or property such as failure to pay home-to-house sales fees, etc. due to the difficulties in the operation of the Defendant’s home-based distribution company, etc., and thus, he did not have the intent or ability to make an investment or pay to the victim even if he received the money from the victim.

Nevertheless, the Defendant, as above, deceiving the victim and deceiving it from the victim, KRW 5 million on July 18, 2012,

7. 19.5 million won was remitted to a post office account under the name of the accused.

2. On August 2012, the Defendant continued to make a false statement to the effect that “The Defendant borrowed money to the victim by September 17, 2012,” and that “the Defendant borrowed money to the victim by September 17, 2012.”

However, the defendant did not have the intention or ability to pay the money even if he borrowed money from the victim under the circumstances of Paragraph 1.

Nevertheless, the Defendant, by deceiving the victim as above, and deceiving it from the victim for the purpose of borrowing KRW 3 million on August 9, 2012;

8.16.3 million won;

8.30.5 million won;

8.31.4 million won;

9.2. 5 million won was remitted to a post office account under the name of the Defendant, and received a total of KRW 20 million.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol law to C

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;