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(영문) 인천지방법원 2013.09.10 2013고단3854

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

On June 26, 2013, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court for fraud, and on July 4, 2013, the Defendant had a record of the said judgment.

피고인은 2012. 9. 14.경 의정부시 C에 있는 D 부근 상호를 알 수 없는 커피솝에서 피해자 E에게 “F을 운영하고 있다, 홈페이지를 제작하여 납품하는데 경비가 필요하다, 1,500만 원을 빌려주면 홈페이지를 제작하여 납품하고 대금을 받아 3개월 내로 원금을 갚아주고 이익금 100만 원을 주겠다”라고 거짓말을 하였다.

However, the Defendant, from the end of 2011, was operating the website manufacturer with the name of “F,” but there was no particular profit-raising, and rather, it was prevented from returning the obligation equivalent to KRW 120 million, and there was a situation in which interest of KRW 200 to KRW 3 million was to be paid every month, so even if he borrowed money from another person, he did not have an intention or ability to make a full payment.

As such, the Defendant, by deceiving the victim as such, received 15 million won from the victim to the account of community credit cooperatives in the name of the defendant under the name of the victim for the purpose of borrowing money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Complaint;

1. Previous convictions in judgment: The application of Acts and subordinate statutes of investigation reports (a copy of the judgment);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Taking into account all the conditions of sentencing, including the fact that the defendant is led to the crime, the victim does not want the punishment of the defendant, the fact that the victim has been punished once by a fine except for the previous conviction in the judgment, the age