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(영문) 서울중앙지방법원 2016.06.16 2016고단2808

사기

Text

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

Punishment of the crime

From around November 9, 2009 to November 9, 201, the Defendant operated precious metal sales stores in the name of “D” on the first floor of Jongno-gu Seoul Metropolitan Government C Building.

The defendant around September 21, 201, around D, around September 21, 2011, lent KRW 200 million to the victim E with interest of KRW 200,000 per month and without mold.

“False speech was made to the effect that it was “.”

However, due to the shortage of funds at the time, there was a situation where it is necessary to prevent the return of the money borrowed from another person, and even if the money is borrowed from the damaged person due to the absence of any other property, there was no intention or ability to pay the principal and interest.

Nevertheless, the Defendant received KRW 200 million from the injured party, namely, from November 9, 201 to November 17:00, the sum of KRW 813,800,000 from the victims seven times in total, as shown in the list of crimes in the attached Table, including that the Defendant received KRW 200,000 from the injured party as the borrowed money.

Accordingly, the defendant was delivered property by deceiving the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, H, I, J, and K;

1. Each written confirmation of L/M;

1. Application of each complaint and each receipt statute;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Type 3 (at least 500 million won, less than 5 billion won), the special aggravated area (round August through June 10) on the sentencing guidelines: Where, as a result of the combination of concurrent crimes, the one-class increase in the number of victims of the same type (special aggravated persons) or repeatedly commits a crime for a considerable period of time, the victim has caused serious damage;

2. Circumstances that are disadvantageous to the decision of sentence: the defendant has a conclusive criminal intent to acquire by deception and has many victims in a short period of time.