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(영문) 서울남부지방법원 2013.08.06 2013고단179
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 50 million won to the applicant for compensation by deceit.

(e).

Reasons

Punishment of the crime

At Seoul, around December 16, 2010, the Defendant called D’s E religious organization F “F” to the victims of D’s dynamics who came to know while working as the Buddhist temple, and had been forced to enter into an agreement during the process of doing so unless it is seen that D’s friendly business would be problematic and, at present, would be repaid to 50 million won. The Defendant would be repaid to the Seoul Police Station as soon as possible. The Defendant would have been bound unless he/she reached an agreement on the grounds that D’s friendly business would take place. The Defendant would have been forced to act as if he/she would be bound by the Seoul Police Station.

However, in fact, the defendant-friendly G did not face any danger to be detained even without the consent of the chairman, since there was no accusation from the creditors.

Around December 17, 2012, the Defendant received 50 million won from the victim with false statements from the victim, and acquired 50 million won from the victim to the agricultural passbook (H) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness C and D;

1. The application of recording records and CD-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Orders (the portion of damage for delay shall not be applied to a compensation order because the existence or absence of liability for compensation and the scope thereof are unclear);

1. The sentencing of Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution [the scope of recommendation] [the basic area of less than KRW 100 million for fraud] 6 months to 1 year and 6 months (the determination of sentence ] 6 months (the circumstances in which there is no past record of criminal punishment for fraud] - six months (the determination of sentence - in consideration of the circumstances in which there is no past record of criminal punishment - the victim claims that the money received from the victim is not borrowed money, and the criminal liability as well as the civil liability as well as the attitude of denying the civil liability, and the fact that there is no effort for the recovery of damage is not made at all against the

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