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(영문) 서울동부지방법원 2017.06.20 2017고단820

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 2010, the defendant was a person who was a driver in Seoul Metropolitan City Seoul Metropolitan City bus bus savings bank, and the victim D is a bus driver belonging to the same company.

1. On October 24, 2010, the Defendant shall have to pay off the damages to the victim in the notice of the public vehicle in Gangdong-gu Seoul Metropolitan Government, the public vehicle in the Gangdong-gu Seoul Metropolitan Government, “A election campaign was caused at the time of the C election.”

The loan will be made by taking advantage of the loan system.

“.......”

However, at the time of fact, the Defendant did not have any intention or ability to repay the loan amounting to approximately KRW 50,000,000 due to the loan obligation of approximately KRW 50,000 to the lending company, and the principal and interest for the loan amounting to KRW 2,60,000 or more.

The Defendant, as such, by deceiving the victim, received 35,000,000 won from the victim to receive 35,00,000 won on the same day.

2. On March 26, 2012, the Defendant would be entitled to retirement pay to the said victim even though the factual retirement pay remains almost in fact, and thus, he/she would borrow money from the above victim before he/she borrowed money.

Definites and 5,000,000 won were delivered from the injured person on the same day and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes on transfers, promissory notes, copies of borrowed certificates, and FF financial transaction details of the D Bank;

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

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the defendant among the reasons for sentencing) include the following: (a) the defendant is against the reason for sentencing; (b) the defendant has no record of criminal punishment for the same kind of crime; (c) the victim has not been recovered even after a considerable period has elapsed from the date of the crime; and (d) the defendant and the victim