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(영문) 인천지방법원 2014.11.27 2014고단5751

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around 17:00 on November 22, 2010, the Defendant was transferred from the victim the money of KRW 15 million on the same day, on the following grounds: (a) the Defendant was in a situation in which the trade name in Seo-gu Incheon, Seo-gu, Incheon is not known; and (b) even if he was unable to receive the money for lease on a deposit basis due to the lack of any intention or ability to pay the money from the lessor with respect to his apartment in his name, he did not have any intent or ability to pay the money to the victim C; (c) although he did not have any intent or ability to pay the money, the Defendant was falsely saying, “The Defendant would receive the money for lease on a deposit basis, if he borrowed the money for lease on a deposit basis in the name of Jung-gu, Incheon, Seo-gu, Incheon; and (d) the Defendant was transferred from the victim.”

At around 23:00 on the 25th day of the same month, the Defendant continued to borrow money from the victim because the fact in the interior interior interior interior interior interior interior interior interior interior of the suspect's operation in Seo-gu Incheon, Seo-gu, Incheon, was not received from the customer, and even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay the money, and notwithstanding that he did not have the intent or ability to pay it, the Defendant borrowed money from the victim as the date of the company, 22 million won. Accordingly, the Defendant received money from the customer and received money from the victim.

Accordingly, the defendant deceivings the victim and defrauds the total amount of 37 million won of the victim's property over two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A detailed statement of deposit;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a suspect transaction statement);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of recommending punishment according to the sentencing guidelines [the range of recommending punishment] general fraud (less than KRW 100 million) area (one month to one year) shall be mitigated (special mitigation person).