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(영문) 서울중앙지방법원 2013.06.28 2013고단1609

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around May 8, 2007, the Defendant: (a) on the part of the Korean National Bank near Yeongdeungpo-gu Seoul Metropolitan City, the Defendant borrowed money from the victim C, and (b) on the part of the victim, the Defendant, despite having no intent or ability to repay the money, had no intention or ability to do so; (c) on the part of the victim C, the Defendant attempted to keep KRW 10,000 cashier’s checks of KRW 300,000,000,000 to borrow money. However, upon borrowing money, 30,000 won is necessary. If the Defendant borrowed money, 3,000,000 won is to be lent from the teacher, and then, 6,000,000 won is to be lent from the victim’s seat, namely, 3,000,000 won is obtained from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes to write down a certificate of cash custody;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. The scope of the recommended sentence on the sentencing guidelines [the scope of the recommended sentence] the category of fraud crime group, general fraud, and Type 1 (less than KRW 100 million) (the scope of the recommended sentence] imprisonment with prison labor for six months – one year and six months (basic area);

2. In light of the fact that there was no agreement with the victim who was sentenced to criminal punishment and that the Defendant did not recover from damage, the Defendant’s criminal liability is not minor. However, considering the circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, and motive of the crime, including the amount of the money obtained through deception of this case, the sentence against the Defendant shall be imposed for six months, and the execution of the sentence shall be suspended for a period of six months.