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(영문) 서울동부지방법원 2016.10.20 2016고단1445

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around August 12, 2013, the Defendant made a false statement to the victim’s home located in Gwangjin-gu Seoul Special Metropolitan City, stating that “if there is money, it will be lent to the victim, and if necessary, it will be recovered at any time. Interest will be lent to the principal, and three copies will be given once every month on that day.”

However, in fact, the Defendant was unable to meet his personal debt at the time and was in the name of “fluoring” in which interest was paid by him, and there was no intention or ability to repay the interest properly even if he borrowed the above money from the victim.

As such, the Defendant, as well as by deceiving the victim and receiving KRW 10,00,000 from December 6, 201 to July 2015, received a total of KRW 190,000 from the victims in the same way as indicated in the list of crimes in attached Form 21 times, as well as from December 6, 201 to July 201.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to D, E, F, and G;

1. Report on investigation (information on the suspect's property and debts during the period of crime);

1. Investigation report (victim H and currency, complainant I and currency);

1. Application of Acts and subordinate statutes, such as each complaint, details of account transactions, each loan certificate, each copy of each passbook, cash custody certificate, and a copy of the real estate register;

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

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: (a) the Defendant loaned money from those who have borrowed money from others or used personal consumption for a considerable period of time; (b) borrowed money again to pay interest on the borrowed money; and (c) thereby, the amount of the instant acquired money exceeds KRW 190 million; (d) the Defendant promised to repay the principal by November 2015, but was locked.