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(영문) 의정부지방법원 2015.07.31 2014고단4650

사기

Text

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

Reasons

Punishment of the crime

On December 30, 2010, the Defendant made a false statement to the victim C, who was aware of the fact at an infinite place, stating that “If money is needed to operate a business by South and North Korea, he shall be repaid immediately.”

However, in fact, the Defendant did not want to borrow money from the victim to use the business funds of male and female students. At the time, the Defendant had a debt of approximately KRW 30 million, and the apartment house under the name of the Defendant was established with a considerable amount of collateral security, and there was no property value. Since the monthly wage received at the time was insufficient, there was no intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, the Defendant received KRW 5,00,000 from the victim’s false statement to the national bank account in the name of the Defendant and received KRW 165,00,000 from the time to January 31, 2013, in total, 18 times as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of a certificate of borrowing, a certified copy of real estate register, a document establishing a mortgage, a peremptory notice;

1. Report on the details of deposits and application of Acts and subordinate statutes on the details of deposits and deposits;

1. The grounds for sentencing [the scope of recommending punishment] under Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime [the grounds for sentencing of imprisonment] [the scope of recommending punishment] under Article 2 of the General Fraud (at least KRW 100 million, but less than KRW 500 million) [the decision of sentencing] [the decision of sentencing] that there is no special person who has been sentenced to imprisonment for ten months]. The amount of damage is not significant, the victim and non-agreement, the circumstances in which most of the amount of damage are favorable: the defendant is recognized as all of the crimes in this case, and is against the defendant; the first offender is the defendant's age, character and conduct, intelligence and environment; the relationship with the victim; the motive, means and result of the crime; and other factors of sentencing under each subparagraph of Article 51 of the Criminal Act, such as the circumstances after the crime.