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(영문) 서울북부지방법원 2016.02.03 2015고단3694
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around May 23, 2010, had the victim D’s “C Mart” located in Dobong-gu Seoul Metropolitan Government around May 23, 2010, there was a 10 million fake number system starting from May 23, 2010 to the victim D.

50,000 won per Gu unit per month shall be paid in 500,000 won per Gu unit, and 20 Gu units shall be paid in the order of number 1,000,000 won on the 23th of each month.

If one million won is paid each month after joining the Gu unit, it shall be paid KRW 10 million in the order of 19 and 20 respectively.

The phrase “ makes a false statement.”

However, the defendant was a bad credit holder at the time and was liable for a loan worth of 170 million won or more, and there was no other property, it was thought that he would receive a loan and credit card payment by creating a serial system. Therefore, although the defendant was designated in order that he would receive a total of eight times from the above serial system, he could not operate a system normally, such as not paying a regular credit payment. The victim was designated as a recipient of a regular credit at one time (20 times) and the order did not have the intent or ability to pay a credit payment to the victim, such as three or more persons including the victim.

As such, the Defendant received a total of 20 million won from the victim to December 23, 201, including by deceiving the victim and receiving a total of 20 million won from the victim around that time to December 23, 201, a total of 48.5 million won from the four victims, as indicated in the list of crimes in attached Table, from May 23, 2010 to May 23, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement statute to E, F, D, G, and H;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. The application of the sentencing criteria (as of July 1, 2015, the scope of the recommended punishment) (as of July 1, 2015, the scope of the recommended punishment) to the general fraud.

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