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(영문) 서울북부지방법원 2017.01.12 2016고단3313

사기

Text

The punishment of the accused shall be four months by imprisonment.

Reasons

Punishment of the crime

On March 15, 2011, the Defendant: (a) called the victim B by telephone at a place in the Jung-gu Seoul Central Government, Jung-gu, Seoul; and (b) lent KRW 20 million to the members of the guidance operated by the Defendant; (c) first, the Defendant would pay the guidance money to the members of the guidance; and (d) within ten (10) days thereafter, the Defendant would pay the guidance money to the members of the guidance.

“The phrase “ was false.”

However, even though the defendant borrowed money from the damaged party, he was thought to use the defendant's personal debt repayment, etc., and there was no intention or ability to repay the money from the damaged party within a short time due to excessive debts.

As such, the Defendant, by deceiving the victim, received 20 million won from the victim for the purpose of borrowing money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the police statement B; and

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Reasons for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment with prison labor) against a crime: The types of fraud crimes in general;

1. The sentence of a recommendation of less than KRW 100 million: June - the determination of the sentence of sentence in one year and six months (the basic territory) - taking into account the fraud amount, the sentence against the accused shall be set to be less than the lower limit of the sentence of sentence for the recommendation in four months