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(영문) 인천지방법원 2015.08.20 2015고단3848

사기

Text

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

Reasons

Punishment of the crime

On April 15, 2015, the Defendant was sentenced to imprisonment with labor for a crime of fraud at the Incheon District Court for the same year.

5. 21. The judgment became final and conclusive.

The Defendant, around November 7, 2013, stated that “D’ for Defendant’s operation of the Defendant located in Goak-gun, Goak-gun, Goak-gun, Seoul, would make it difficult for the Victim E (the 72-year-old-old-gun) to operate the store because of not good financial conditions to operate the store. When food ingredients, such as chickens require value, and if it is lent KRW 20 million, it would have to pay off the installment savings on February 25, 2014.”

However, even if the defendant received money from the victim, he did not have the intention or ability to repay it.

The Defendant, as above, by deceiving the victim, received KRW 20 million from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Copy of the loan certificate;

1. Previous convictions in judgment: Application of investigation reports (suspects' previous convictions and confirmations)-related Acts and subordinate statutes;

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

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act are not agreed with the victim, the fact that there is no criminal record except the previous conviction, the fact that the crime is recognized and reflected, and other punishment as ordered shall be determined by taking into account the amount of fraud, equity with the case where the victim was sentenced simultaneously with the final and conclusive judgment, the defendant's age, character and conduct, environment, motive and circumstances leading to the instant crime, etc.