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(영문) 서울서부지방법원 2019.11.21 2019고단1337

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

In Seoul in December 2010, the Defendant made a false statement to the effect that “I would have to lend money to I (Defendant) to I (Defendant), I would have to pay the principal within the city where I would like to do so with interest at a high rate of interest.” The Defendant was transferred from the victim who believed the horses to be true the amount of KRW 50 million on December 10, 201, KRW 500,000,000 on January 6, 201, KRW 31,500,000 to the D Bank account opened in the name of C, and was transferred on March 16, 201 to the F Bank account opened in the name of E.

However, in fact, the defendant did not have past experience in the bond business and did not have any occupation and economic difficulties, so there was no intention or ability to pay the interest and principal to the victim.

In this way, the defendant acquired 90 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Each loan certificate, each deposit certificate, and the details of transactions of H banks;

1. Application of Acts and subordinate statutes to report on investigation (Submission, etc. of suspect I and suspect A remittance details, etc.);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 347 (1) of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing guidelines [Determination of types] types of general fraud (less than KRW 100 million) (i) mitigation factors - (in the case of deception, < Amended by Act No. 1006, Dec. 2, 2009> - The range of deceptions is weak; ② the exemption area of punishment [the scope of recommendation area and recommendation range] special mitigation area; the suspension period of execution from one month to one year [the criteria for suspension of execution] - The main reasons for suspended execution: ① the case where the degree of deception is weak;

3. Determination of sentence: 10 months of imprisonment and 2 years of suspended execution [unjustifiable circumstances] that the damage is not recovered without the amount of damage (the reasonable circumstances]; the victim's promise to repay the defendant.