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(영문) 서울북부지방법원 2017.07.20 2017고단1441

사기

Text

The punishment of a defendant shall be eight months.

Reasons

Punishment of the crime

On July 24, 2012, the Defendant would pay D, through telephone, the “if the cost of the goods is leased to D, the payment of the goods is required, the Defendant will pay two interest and complete payment without molding.”

“.......”

D) On the same day as the Defendant believed the horses, D sent KRW 10 million to the Defendant’s Han Bank Account (E) and sent KRW 63,520,000 in total at 17 times from around that day to January 8, 2016, as shown in the list of crimes in attached Form 17.

However, the Defendant had no intention or ability to repay as promised to D, because the Defendant had paid the price of the goods by lending money from other persons in excess of the obligation, and it is difficult to pay interest.

The defendant got 63,520,00 won by deceiving the victim D.

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 against D;

1. Application of Acts and subordinate statutes to applications for commencement of individual rehabilitation procedures and copies of repayment plans;

1. Article 347 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

1. Determination of a sentence under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as an aggravated punishment for concurrent crimes;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for up to one year and six months;

2. Decision of punishment: to recognize errors;

There is only one minor fine.

It seems that the victim paid 28 million won with interest, etc. during that period.

However, the amount of damage is not so much, and the victim is punished.