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(영문) 서울동부지방법원 2015.01.14 2014고단2759

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around January 6, 2009, the Defendant made a false statement to the effect that “A victim E (V, 55 years of age) who was aware of the Defendant’s home located in Songpa-gu Seoul Do Lending 206, Dong-dong, 206, was married to the Defendant, and would have been repaid without a mold, as the money was required to have been married to the Defendant, and the amount would have been refunded to 20,000,000 won.”

However, in fact, the defendant was thought to use the money to pay the money to the members of the fraternity that he operated, due to the lack of the guidance, and the business of the restaurant operated was not sufficient, and even if he borrowed money from the victim, he did not have any intention or ability to pay the money even if he borrowed money from the victim due to the fact that only 3,000,000 won of the monthly interest is to be paid.

The Defendant received 20,000,000 won from the victim on the job as a loan, from the victim.

In addition, the Defendant received a total of KRW 156,00,000 from January 6, 2009 to August 16, 2012 from three victims, including E, for a total of KRW 21 times as indicated in the following crime inundation list.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the F, E, and G statements);

1. Statement made by the police with respect to F (including E and G statements);

1. Application of Acts and subordinate statutes to the certified copy of register, dividend table, and details of bankruptcy cases;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Determination of sentencing guidelines based on the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders: The basic area [1-4 years] and the basic area of sentence of type 2 of the Criminal Act among the concurrent offenders: the defendant, in a situation where the amount of time provided by the fraternity operated as a leader is not properly available, the defendant shall be obtained by deceiving a large amount of victims by deceiving their use or the defendant's financial history for a considerable period of time, and the victims shall be difficult.