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(영문) 서울남부지방법원 2018.10.01 2018고단3940

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 15, 2011, the Defendant loaned money to the Victim B to operate an beauty-related shop in Red bean and trying to operate a gold-related business in a gold-related business, with a business fund for only two months, and promptly repay the money with a profit of 20%.

“.......”

However, since the defendant was bearing a number of obligations, and there was no particular profit in the gold-related business, there was no intention or ability to repay the principal and profit even if he borrowed money from the victim.

On July 15, 201, the Defendant: (a) by deceiving the victim; (b) obtained a total of USD 80,000 ($ 10,641,600 at the time), USD 3,000 on July 19, 201, USD 300,000 ($ 39,906,00 at the time), and USD 2,00,000 ($ 26,604,00 at the time) for red bean ($ 26,60 at the time) from the victim of red bean; (c) obtained a delivery of USD 58,00 ($ 7,151,60 at the time) for red bean ($ 77,600 at the time) from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on a certificate, a email, a confirmation letter, or a loan certificate;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act of the choice of punishment, the reason for sentencing of imprisonment with prison labor has the record of having been sentenced two times as a crime of fraud. Since the crime of this case, there was damage even for a long time since the crime of this case, the amount of damage is considerable and the amount of damage is not most appropriate, and the conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the defendant’s age, sexual behavior, environment, etc., shall be determined as ordered