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(영문) 수원지방법원 2012.10.25 2011고단5542

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Even if the Defendant borrowed money from the victim C (Nam, 57 years of age) living together with the Defendant, he was registered as the bad credit holder at the time, and even if he did not recover the existing claim while he did not recover the borrowed money, he did not have any intention or ability to repay the money by making it impossible to recover the claim.

Nevertheless, at the end of Jun. 2008, the Defendant made a false statement to the victim on July 1, 2009, stating that “When the Defendant lends money to the victim because he/she is making a current number of days, he/she shall pay interest on the first day of each month, and the principal shall be repaid on July 1, 2009, after one year.”

Accordingly, on July 1, 2008, the Defendant received 130 million won from the victim's house from the victim's house to the victim's house as the borrowed money from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Articles 25(3)3 and 25(3)4 and 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss a Compensation Order [the Decision of Type] Fraud (the amount of KRW 100,00,000 and below KRW 500,000). [Special Penalty] - In a case where a person who has been mitigated intentionally commits a deceptive act: the degree of deceptive act is weak, or the degree of deceptive act is weak: (a) there is no person under sentence [the extent of recommendation] [the decision of sentence] from October to two years and six months [the extent of punishment] of the instant crime; (b) details and results of the instant crime; (c) there is no measures to recover damage; (d) there is no person who has been any criminal record exceeding