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집행유예
(영문) 서울중앙지방법원 2015.6.3.선고 2015고단2030 판결
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Cases

2015 Highest 2030 Fraudulent

Defendant

A, Number of trees

Residence

Reference domicile

Prosecutor

○○ (Lawsuits) and ○○ (Public Trial)

Defense Counsel

Attorney ○○○ (Non Line)

Imposition of Judgment

June 3, 2015

Text

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

Facts of crime

1. On August 16, 2013: around 30, 2013: around 30, the Defendant made a false statement to the effect that, in front of the subway 3 lines located in the Gangnam-gu Seoul Metropolitan Government ○○○○○○○○dong, the Defendant: (a) was the intention of the victim B (n, 30 years of age) and went to the ○○ Hospital; and (b) there was a visit. There was no difference; (c) if the Defendant borrowed KRW 300,000,00,000, the Defendant was not the intention of the Defendant; and (d) there was no intention or ability to repay even if having borrowed money from the victim.

As above, the Defendant, by deceiving the victim, received 300,000 won from the victim at the time and place, and acquired it by fraud.

2. On April 13, 2014: around 50, the Defendant made a false statement to the effect that, in the vicinity of ○○○○○, located in Gangnam-gu Seoul, Seoul, ○○○○○○○, the Defendant was an intention to access the victimC (n, 29 years old), and that he/she would lose the room. If he/she borrowed the rent, he/she would make a requisite remittance by the due date. However, the facts were not the Defendant’s occupation, and even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay.

As above, the Defendant, by deceiving the victim, received 200,000 won from the victim at the time and place, and acquired it by fraud.

3. On March 20, 2015: (a) around 15, 2015, the Defendant was a doctor of a university hospital located in the Gangnam-gu Seoul OOOOOOO ○○○○○, “Access to the victim D (n, 26 years of age) and made a false statement to the effect that he/she would immediately repay if he/she lends KRW 200,000 to the Defendant’s occupation, and even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay.

As above, the Defendant, by deceiving the victim, received 200,000 won from the victim at the time and place, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B, C, and D;

1. Each statement of transactions (the sequence 2,17 of evidence lists);

Application of Statutes

1. Article applicable to criminal facts;

Article 347 (1) of the Criminal Code (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

The reason for sentencing under Article 62(1) of the Criminal Act, despite the fact that the Defendant was punished six times from 2007 to 2015 by fraud under the same law, has committed this case. The Defendant committed a crime using the victims’ good mind to escape a person in difficult difficulties, and thus, is not good in the form of a crime that has interfered with the trust relationship in the society. However, there is no criminal record exceeding the fine within the last ten years. Meanwhile, the Defendant did not have any criminal record over the last ten years, along with the above circumstances, taking into account the following factors: the Defendant’s age, character and conduct, environment, the number of crimes, the amount of damages, the relationship between the Defendant and the victims, the relationship between the Defendant and the victims, and the various sentencing conditions indicated in the argument of the instant case.

Judges

Judges Lee Lee Jae-soo

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