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(영문) 의정부지방법원 2016.09.23 2016고단2450

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2014, the Defendant, from around October 19, 2012, entered into a monetary relationship with the victim C, such as borrowing of money from the victim C, paying the principal and interest, etc., he/she would pay the victim KRW 600,000 per day, including the principal and interest, if he/she borrowed KRW 5 million in the number of days.

“.....”

However, the Defendant, at the time, was liable for the total amount of KRW 4,000 to KRW 5,00,00, including the obligation borrowed from the previous victims, and the total amount of principal and interest to be paid to the victims each month has reached KRW 14 million. Therefore, even if the Defendant borrowed additional money from the victim, it did not have any intent or ability to repay it.

The Defendant received 3320,000 won from the injured party to the Agricultural Cooperative Account (D) in the name of the Defendant on the same day, and received 39,040,000 won in total over 10 times from March 29, 2014, as shown in the List of Crimes, from March 29, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended sentence] In general fraud, there is no basic area (from June to one year and six months) [the person subject to special sentencing] [the decision of sentencing] [the amount of money obtained by the defendant from the damaged person is not much much, and the amount of money obtained by the defendant has not yet been agreed with the injured person or has not yet been fully recovered from the injured person, there is sufficient need to punish the defendant.

However, the defendant led to the confession of the crime of this case, there is no record of punishment for the same crime, and there is no record of punishment exceeding the fine, and the total amount of 21.5 million won out of the amount of fraud.