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(영문) 수원지방법원 성남지원 2016.01.29 2015고단1790

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On March 30, 2005, the Defendant paid the victim C with interest at a high rate of interest by lending money to the victim C in a mutual infinite restaurant located in Gangnam-gu Seoul.

“The phrase “ was false.”

However, at the time, the defendant did not have any property or income, and even if the defendant's family did not have any property or income, he did not borrow the above money from the injured party for the purpose of personal living expenses by receiving the money as a loan, and did not have any intention or ability to pay it through bonds.

Nevertheless, the Defendant, as seen above, received KRW 91,670,000 from July 28, 2005 to March 11, 2008 from the victim C as the borrowed money from around July 28, 2005 to receive KRW 91,670,00 from around March 11, 208, and acquired it as the borrowed money. From around that time, the Defendant received KRW 1,062,470,000 from the victim C and 15 and received it as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, D, E, and F;

1. Each statement of G, H, I, J, K, L, M, N,O, P, Q, and R;

1. Details of deposit transactions, each K K transaction details, each M transaction details, each M transaction details, N transaction details,O transaction details, each P transaction details, Q transaction details, each P transaction details, Q transaction details, certificates, I transaction details, R transaction details, J transaction details, G deposit increase and transaction details, and application of Acts and subordinate statutes on E transaction details;

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

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] The basic area (2 to 6 years) of Type 3 (not less than KRW 500 million, but less than KRW 500 billion) of the Criminal Act: The rise in one-class of concurrent crimes (a person subject to special sentencing) as a result of combined crimes.