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(영문) 서울중앙지방법원 2017.02.09 2016고단8971

사기

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

In fact, the Defendant was thought to use a high-priced foreign car with money from another person for entertainment or living expenses, such as operating a high-priced foreign car, and did not have a plan to invest in the stocks. Moreover, the Defendant did not have any special property, but did not have any intent or ability to repay the debt borrowed from the bond business operator even if he borrowed money from another person.

Nevertheless, on October 2014, the Defendant: (a) at a main point in the Seocho-gu Seoul, Jung-gu, Seoul, there is a need for the victim D to gather the money in advance; and (b) the money is urgently needed to do so.

The interest of 3% per month shall be paid from the lending of money, and the principal shall be paid without the mold.

“Falsely speaking, around October 8, 2014, Defendant 1 received KRW 30 million from the injured party to the bank account in the name of Defendant 1’s bank account, as well as from around that time to November 20, 2015, the victim acquired KRW 575 million in total over 10 times from the victim D, E, and F, as described in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. A complaint, each receipt of loan, and each process deed;

1. Details of transfer of the D account to the complainant, electronic financial transaction confirmation, and written confirmation of the details of transfer of deposits and transactions;

1. A complaint E-deposit certificate;

1. Details of account transactions with the complainant;

1. Application of Acts and subordinate statutes of an investigation report;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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. Type 3 (at least 500 million won, less than 5 billion won), the special aggravated area (round August through June 10) of the sentencing guidelines: Where, as a result of the combination of concurrent crimes, the one-class increase in the number of stages (special aggravated persons) has been repeatedly committed during a considerable period of time, the victim has caused serious damage;

2. Sentence;