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(영문) 수원지방법원 2015.01.29 2014고단3584

사기

Text

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

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

Reasons

Punishment of the crime

A victim E is a person who has been provided with F with a start-up fund and prepared for reprocessing business of waste cables called "G".

Around November 3, 2012, the Defendant made a false statement to the victim E that “A domestic corporation knows K of the branch of the Corporation I and the assistant officer of the National Assembly members, so that the Defendant would obtain a loan of start-up capital by requesting J and K to obtain a loan,” and that “Around January 3, 2013, the Defendant received the assistance of K who is a member of the National Assembly with respect to the loan of start-up capital and would receive a loan to the future.”

However, even if the defendant receives the money from the victim, the victim did not have any intention or ability to get the start-up fund loan due to the J and K's request for the loan of start-up fund.

Ultimately, the Defendant, as above, by deceiving the victim as above, obtained KRW 10 million from the victim on November 20, 2012, 200, KRW 25 million on December 17, 2012, KRW 10 million on January 22, 2013, and KRW 65 million on February 1, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes on financial transactions in the principal;

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;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. The reason for sentencing of Article 32(1)1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders [Scope of Recommendation Form] There is no basic area (6 months to one year and six months) (special form of punishment] [Determination of sentence] Defendant reflects his/her mistake, Defendant has no history of punishment exceeding a fine, and effort to recover damage, such as repayment or deposit of 30 million won, and the contents of deception, etc. shall be determined as per the disposition of disposition in consideration of all the sentencing conditions.