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(영문) 인천지방법원 2015.04.30 2014고단6287

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From around May 2012, the Defendant stated that “D” in the operation of Defendant’s Defendant in Nam-gu Incheon Metropolitan City, “D”, the victim E was unable to take directors because the apartment house with an intention to borrow money is not yet paid off. The Defendant borrowed money to another person and received interest.”

However, the Defendant did not own the apartment house under his name in Yeongdeungpo-gu Seoul Metropolitan Government, and there was no other property under the name of the Defendant, and there was only 40-500,000 won revenue per month while operating D, so the above revenue alone was to the extent that it was impossible to live a normal life, and if it was to lend the money borrowed from the victim to another person, the Defendant did not have any intent or ability to repay the above loan to the victim.

Nevertheless, as above, the Defendant’s false statement to the above victim, and around May 12, 2012, up to KRW 10 million with an industrial bank account under the name of the Defendant, the same year.

6.8.Around August, 2000, a total of KRW 22 million was remitted as a loan and acquired it by money.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Statement to E by the police;

1. Application of investigation reports (Attachment of a statement of transactions in accounts of an industrial bank account in the name of a suspect);

1. The punishment shall be determined as ordered in consideration of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the reasons for sentencing of imprisonment [the scope of recommending punishment] of general fraud [the grounds for sentencing of imprisonment] [the grounds for sentencing] [the grounds for sentencing of imprisonment [the scope of six to one hundred million won]] no [the judgment of sentencing] [the defendant] has been unable to recover damage, and the victim has never been punished against the defendant, there is no criminal record, the fact that there is no criminal record, the fact that there is no criminal record, the fact that there is no other criminal record, the fact that the crime is recognized, other matters such as the amount of fraud, the age, character and behavior of the defendant, the character and environment of the defendant, the motive and circumstances leading to the