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(영문) 의정부지방법원 2014.05.27 2014고단359

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 14, 2013, the Defendant made a false statement to the effect that “The Defendant would pay monthly interest of KRW 7 million and immediately pay the principal if he/she reaches the end of the month prior to the month” to the victim E (n, 45 years of age) as “F would engage in F’s and mid-term credit business and high-end credit business.”

However, at the time, the defendant was engaged in small and medium-scale trading business, and did not engage in financial credit business, not only did the defendant be introduced to the victim but also did not have the ability to pay to the victim seven million won per month as interest.

The defendant received 93 million won as the same day check from the victim and acquired it by money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the identity of the suspect against the defendant (including the substitute part);

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment [decision of types] means fraud / [decision of the recommended area] Basic Area / [the scope of recommendation] six months to one year and six months [the scope of punishment] / Provisions of applicable Acts / [the scope of applicable punishment]: The amount of damage in this case is large, the amount of damage in this case was not paid for any particular damage, and the agreement is not reached (the victim submitted a written agreement under the name of the victim, but the victim is not a genuine statement of the above written agreement immediately). In light of the circumstances such as the fact that the victim appears to have suffered serious damage due to the crime in this case, it is inevitable to sentenceing the defendant against the defendant.

On the other hand, the defendant acquired money from the victim to F, which is equivalent to KRW 32 million.