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(영문) 서울중앙지방법원 2013.06.20 2012고단7253

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 January 17, 2011, the Defendant provided that “A victim C who was aware of while paying a street store in Jung-gu Seoul Special Metropolitan City, Jung-gu, shall be paid one million won per month, and two million won per share in lieu of paying four million won.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, the Defendant deceiving the victim as above and caused the victim to remit 4 million won to the deposit account in D on the same day, and from around that time to October 30, 201, the Defendant acquired 3,4920,000 won in total over 10 times, such as the statement in the attached crime list, from around October 30, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. The loan certificate;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in the crime of fraud as of April 5, 201, with the largest penalty);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] below KRW 100 million [Special Convicts] - In a case where mitigation elements are not imposed or considerable damage is recovered [decision of the recommended area] mitigated area] [Scope of the recommendation area] one month to one year [General Convicts]] - In a case where applicable provisions are serious half of mitigation elements [Scope of punishment] applicable provisions of applicable Acts]: One month to ten years of imprisonment: The addition of punishment of concurrent crimes which are contained in a single choice type of imprisonment: 1 month to ten years of statutory aggravation and mitigation: 10 years of suspended sentence] - In a case where substantial damage is considerably small or considerable damage is recovered, there is no positive conviction or sentence of suspended execution over two or more times, or in a case where there is no positive conviction or sentence of suspended execution over two or more times.