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(영문) 서울북부지방법원 2017.01.12 2016고단2939

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 4, 2014, the Defendant made a false statement at the victim D’s house located in Seopopopopopo City C, stating that “If 10 million won or less is lent, she will receive the boat with the loan and make a full payment within one week by accepting the boat with the loan money.”

However, at the time, the Defendant had the obligation of KRW 31.2 million to Sungpopopopoco and the obligee E, and had the obligation of KRW 46.5 million to prevent the return of the existing obligation by using it even if the Defendant received the loan from the injured party, and there was no particular property or income, and there was no intention or ability to repay the loan within the due date.

In such a way, the Defendant, by deceiving the victim, received 1 million won from the injured party for the purpose of borrowing money from the seat, i.e., delivery from the injured party, and received the total amount of KRW 5,950,000 from around that time to March 19, 2014 as stated in the list of crimes in the attached Form, from around that time, and acquired it by borrowing it as a gold.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness D and F;

1. Written payment in cash;

1. Copy of a bankbook in the name of D;

1. A list of transactions of self-reliance deposits;

1. A certificate;

1. Investigation report (referring to E and telephone content);

1. Application of the Act and subordinate statutes to the investigation report (the confirmation of part of the suspect's source of loan);

1. The standard of sentencing for the reasons for sentencing of the punishment of Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act [the scope of recommendation] [the scope of recommendation] general frauds in the basic area (from June to January), the amount of damage in the decision of sentence of 5,950,00 won, including the fact that damage has not been recovered at all, and other conditions of sentencing as shown in the records, including the defendant's age, occupation, sex behavior, family relationship, and circumstances before and after the crime, shall be determined as the same sentence as the disposition.