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(영문) 춘천지방법원 2015.06.18 2015고단264

사기

Text

Defendants shall be punished by imprisonment for ten months.

However, with respect to the defendant B, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are married and married, and at the coffee shop of the trade name “D” operated by Defendant B in Chuncheon-si, around 09:00 on June 16, 2014, the Defendants stated “G” in the written indictment for victims E, but are written in writing of “E”.

Defendant A has constructed "Secheon-si F lending of KRW 90,000,000,000,000

6. 30. 30. Hashek's retirement from the Army;

7. To repay the principal and interest of KRW 110 million around 10.10 billion.

It shown the detailed statement of retirement pay, and prepared a statement of confirmation and payment for cash borrowed in B and A, a statement of payment, which is a statement of payment.

However, Defendant A had already been granted a retirement allowance of KRW 50,000,000,000,000 to be paid to Defendant A as a security, and there was no intent or ability to borrow money from the victim upon receiving a retirement allowance, even if Defendant A had been given a loan of KRW 25,960,000,000 to H in relation to the new construction of loan, and there was any other personal obligation to the assistant, as well as 10,000,000,000,000,000,000,000,000.

Nevertheless, at around 11:00 on the same day from the victim by deceiving the victim, the Defendants acquired the amount of KRW 90 million from the Defendant’s national bank account to the Defendant A’s national bank account.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of check of cash car and a copy of payment note, and a copy of deposit receipt receipt;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, which is suspended (Defendant B);

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of punishment by recommendation] shall be less than 10 million won by general fraud (the scope of punishment by recommendation], and six through one year and six months (the basic area);

2. The Defendants, who made a decision of sentence, have shown an attitude that led to the confession of the crime of this case and the mistake is divided. Defendant B is subject to any criminal punishment.