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(영문) 수원지방법원 성남지원 2015.11.13 2015고단2166

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who operated a textile plant with her husband E in the trade name of "D from 106-1 to 2014, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul."

Since 2011, as the maintenance cost of a factory is higher than the profits accruing from the operation of a factory, the Defendant had no intent to repay the above amount even if he borrowed money from others, and there was no specific property.

Nevertheless, around July 18, 2012, the Defendant, in the “H” of the victim G management in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sung-gu, Seoul, issued a total of KRW 37,400,000 from the victims a total of 15 times as indicated in the attached list of crimes, stating that “The Defendant would be a several million amount of money to be collected immediately when the factory operation cost falls short of.” The Defendant borrowed money from the victim, and that it would be immediately paid KRW 5,000,000,000,000 from the victims, from October 30, 2014, as indicated in the attached list of crimes.

Accordingly, the defendant deceivings victims to take the property by deceiving them.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning I statement of the second police interrogation protocol against the defendant

1. Each police protocol of statement for J, K, L, M, N,O, P, and Q;

1. Data on evidence of each damage;

1. Application of Acts and subordinate statutes to notarial deeds (the additional amount of 10 million won for victims);

1. Relevant Article 347(1) of the Criminal Act (the crime of fraud against P,O, Q, K, and M shall be included by victim) and each choice of imprisonment with prison labor

1. The reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] The basic area (8 to 4 years) of Type 2 (at least KRW 100 million, less than KRW 500 million) of the Criminal Act: The first step increase [the decision of sentencing] as a result of the combination of concurrent crimes of the same kind, there is no special person [the decision of sentencing] [the sum of the acquired money of this case is KRW 300 million.