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(영문) 서울동부지방법원 2013.10.24 2013고단1101

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the home of the victim D located in the Seocho-si of the Seocho-si Hamman, 201, concluded that the Defendant would pay as interest interest on the debt of the said E even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay the debt, and that he/she would pay as interest on the debt of the said E even if he/she borrowed money from the victim, on the ground that he/she did not have an intention or ability to repay the debt to the victim, and that he/she would make monthly payment from the victim.

9. By the end of 20.20, a total of 40,000,000 won was received and acquired through deception through a total of six times.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the defendant in the suspect examination protocol against the defendant;

1. Partial statement of the defendant in the police interrogation protocol of the defendant;

1. Entry of the defendant's partial statement in the police interrogation protocol against the defendant, and statements in D;

1. Statement made to D by the police;

1. Complaint;

1. Application of Acts and subordinate statutes on the loan certificate;

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

2. Article 62 (1) of the Criminal Act;