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(영문) 인천지방법원 2016.02.17 2015고단1156

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 47,200,000 won to the applicant through fraud.

Reasons

Punishment of the crime

Although a commercial sex acts business establishment operated by the defendant in Nam-gu Incheon Metropolitan City D is not a business, there is no certain amount of income, while the debt amount has reached a total of KRW 100 million, and the monthly expenditure, such as monthly interest, fraternity dues, and public charges, is at least KRW 11 million, and there was no intention or ability to repay the debt even if it borrowed money from the victim C.

Nevertheless, in the vicinity of the above sexual traffic business place, the defendant shall make a false statement to the victim that "I will lend 20 million won to the victim with 40 million won a monthly interest and pay 3 months only," and he/she shall receive 19.2 million won from the victim E, who is the same day from the victim, to the bank account in the name of E, which is the same day. ② On April 2, 2014, the defendant borrowed 30 million won as if he/she borrowed 30 million won as if he/she needs to operate expenses for operating his/her business, he/she shall first borrow her loan with the above national bank account from the victim, and then he/she shall make a false statement to the same month.

4. A person who received a remittance of KRW 21.9 million and received KRW 1.1 million in cash around that time, he/she shall obtain 47.2 million in Dobling from the injured party twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. Grounds for sentencing under Articles 25 (1), 31 (1), 31 (2), and 25 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. Application of the sentencing criteria [Type Determination] Type 1 (less than KRW 100,00) (the scope of the recommended punishment] from June to June 1 year; and

2. Determination of sentence: Determination of sentence is inevitable on the ground that the amount of fraud in six months is reasonable, but the damage is not recovered.

However, the fact that the defendant is against the crime of this case, there is no criminal experience, and the age, sex, environment, motive and circumstance of the crime, and after the crime is committed.