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(영문) 울산지방법원 2016.06.10 2016고단330

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 27, 2014, the Defendant would pay KRW 300,000 to the victim E an underground fund at the front D coffee shop in Seodaemun-gu Seoul, Seoul around March 27, 2014, with KRW 20,000,000,000 within 14 days.

The term "in other words, 10 million won check was issued by the injured party."

However, the Defendant’s “ underground fund work” referred to in the above did not have any substance that does not run, and the Defendant was registered as a bad credit holder from around 2005, and there was no intention or ability to repay the said amount, even if he borrowed money from the injured party.

Ultimately, the Defendant was given KRW 20 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;

1. Type 1 (less than KRW 100,00) of the sentencing guidelines: The scope of the recommendation that no person is subject to special sentencing: Imprisonment for six months or one year and six months (basic area) of the general fraud - No aggravated element - None of the mitigation element: None of the mitigation element: A comprehensive comparison and evaluation of the reasons for suspension of execution - a major reason for negative consideration : Unagreement - Where the scale of substantial damage is considerably small or considerably damaged, there is no history of criminal punishment - no negative reason for general consideration : no effort to recover damage - there is no positive reason for suspension of execution : there is no previous criminal conviction or more.

2. It is impossible to recover from damage anytime after a long-term period of time has elapsed since the content and nature of the crime, such as deceiving the victim, etc., with a negative content of the additional consideration;

3. Six months of imprisonment with prison labor for a sentence;