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(영문) 서울중앙지방법원 2016.02.16 2015고단7068
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On September 9, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Central District Court, which became final and conclusive on December 28, 2015.

On March 2012, the Defendant: (a) was a person who exhibits the Defendant himself in the Republic of Korea to the victim D in the Republic of Korea; and (b) was able to exchange money to the Korean people coming from gambling and raise a high profit by receiving interest; and (c) borrowed money from the victims on several occasions by overemphasizing the financial power.

On July 19, 2012, the Defendant made a false statement to the victim, “The amount of KRW 30,000,000 to be exchanged is urgently needed, and the Defendant would receive the principal and at least KRW 1,00,000,000 from lending money.”

However, at the time, the Defendant had a debt equivalent to approximately KRW 320 million, and around March 2012, the Defendant borrowed KRW 85 million from E and was urged to repay the debt without changing it. Therefore, even if he borrowed money from the victim, there was no intention or ability to repay it.

Nevertheless, the Defendant received 30 million won from the injured party on July 19, 2012 to the deposit account of the Han Bank established in the name of the Defendant as the borrowed money on July 19, 2012 and acquired it by defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including the D or F statement);

1. Statement of the police statement related to G;

1. A president of the F;

1. Investigation report (Submission of suspect additional data and statement, etc. at the time of committing the crime);

1. A certificate of deposit confirmation and a civil judgment;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and application of the statutes governing the judgment;

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

1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes, provided that the sentencing of Article 39, Paragraph 1 is against the defendant's mistake on the grounds of sentencing, and the judgment was rendered simultaneously with the judgment that became final and conclusive.

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