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(영문) 수원지방법원 2014.11.12 2014고단2651

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 14:00 on August 10, 201, the Defendant concluded that “Around 14:00, the Defendant would start to sell the principal and interest within three months from the opening of the container if he/she lends KRW 30 million to a sales agent of the container of the weekend farm owned by the company holding the bank for the settlement of disputes.”

However, in fact, since from around 2008, the defendant was unable to recover the amount invested in the development project of the Incheon City tourist destination from around 2008, the defendant did not have an intent or ability to pay the principal and interest within three months, even if he borrowed 30 million won from the victim because he did not have an intention or ability to pay the principal and interest within three months, since the defendant was unable to properly pay the rent and the monthly salary for the employees of the F Bank in charge of the plan for the development of the tourist destination. The debt, etc. to the national bank, etc. was reached in KRW 170 million.

Nevertheless, on August 13, 201, the Defendant, by deceiving the victim as above, received 30 million won from the victim with a new bank account (G) in the name of the Defendant on August 13, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes of a loan certificate, personal credit report, and specification of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence on the sentencing guidelines [decision of types] group of fraud crimes-general fraud-10 million won or less [the scope of the recommended sentence] mitigation area (one month or one year of imprisonment] (the scope of the recommended sentence and the scope of the recommended sentence] mitigation area: Ad hoc penalty surcharge;

3. The amount of damage of this case to which a sentence of sentence was rendered is KRW 30 million, but the defendant repents his mistake and is the victim.