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(영문) 인천지방법원 2016.06.15 2016고단2593

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 15, 2010, the Defendant lent KRW 2,500,000 to the victim C at the Incheon Branch Office of the 6th floor AI Insurance Co., Ltd. of the 6th floor of the modern marine building in the Nam-gu, Incheon Metropolitan City.

“A false representation was made.”

However, at the time, the Defendant did not have any intention or ability to repay the borrowed money even if he borrowed money from the damaged party, because he paid the premium of two million won or three million won to the customer every month after his family has come to death or was prevented from returning the money to the third party to pay the existing debt.

The Defendant acquired KRW 118,400,000 from the injured party on January 15, 201 to the account in the name of the Defendant as a loan money, and acquired KRW 118,40,000 in total on 23 occasions from 6 persons, such as the victim C, etc. from July 11, 2011.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C or D;

1. Application of each loan certificate, each copy of promissory note, each copy of passbook, statement of transactions, and each statute on financial transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing criteria: At least KRW 100 million in general fraud, and at least KRW 500 million in basic areas (from August to April): 1 step increase in each type of competition result;

2. A sentence of imprisonment shall be imposed on a maximum amount of damage and most unrepared damage;

However, the defendant, as a first offender, considered the fact that the defendant recognized the crime and reflected in the term of punishment.