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(영문) 서울중앙지방법원 2017.07.19 2016고단7023

사기

Text

A defendant shall be punished by imprisonment for four 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 April 21, 2015, the Defendant tried to make an investment in gold trade business personally to the victim F, who is located in the E” coffee shop located in Jongno-gu Seoul Metropolitan Government, Jongno-gu.

The amount of investment is required to be equivalent to KRW 25 million, and the principal is paid and the interest is paid in 2.6 interest after one month from the loan.

“Falsely speaking,” and it received KRW 15 million from the injured party to the Saemaul Treasury Account of the Defendant on the same day.

However, at that time, the Defendant did not have any intent or ability to repay the borrowed money to the victim as promised, since the Defendant borrowed money from the victim with no particular property or income, it thought that most of the borrowed money would be consumed by personal repayment and living expenses, etc.

Ultimately, the Defendant, including deceiving the victim as above and being given the delivery of KRW 15 million from the victim as the borrowed money to July 2, 2015, entered in the list of crimes in attached Form three times in total from around that time to around July 2, 2015: Provided, That in the case of net 2, remittance was made on May 11, 2015.

As such, 33 million won was issued by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court (the seventh trial date);

1. Legal statement of witness F;

1. Financial transactions with the principal;

1. Investigation report (Examination of the Saemaul Treasury Account of the suspect A) and details of banking transactions;

1. An investigation report (a credit report of a suspect A) and a credit report;

1. Application of Acts and subordinate statutes to a report on investigation (creditor and telephone against a suspect);

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act 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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the type of decision] - Type 1 (the amount less than KRW 100 million) [the person subject to special sentencing] - mitigated factors (where the degree of deception is weak, it shall be prior to prosecution in cases where considerable damage has been recovered.