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(영문) 서울북부지방법원 2016.10.19 2016고단3673
사기
Text

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

Reasons

Punishment of the crime

The Defendant did not have any particular income and did not have any money received from Samsung Industries, and even if he borrowed money from the victim P, he did not have the ability to pay it.

Nevertheless, on September 4, 2014, if the Jongno-gu Seoul Jongno-ro 3 lends '45 million won to the victim' to the victim in the vicinity of the steel basin, the Defendant will pay 50 million won in total the interest of KRW 5 million until October 15, 2014.

‘Falsely speaking, it acquired money of KRW 45 million from the above victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. A person who is subject to special sentencing guidelines in Article 347(1) of the relevant Act on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, Article 347(1) of the Criminal Act of the choice of punishment for the crime, Article 347(1) of the Criminal Act of the selection of punishment for the punishment of imprisonment, from one year and June to one year from June to two years: The recommended sentence for the mitigation of punishment elements (not to one year from January to one year): The sentence area of mitigation (not to one year): A person who is sentenced to imprisonment for one year: A person who is under three months: A person who is subject to a reduction, such as false fraud (total 45 million won): A confession; a person who is not subject to punishment for the victim; a person who is separated from each type of punishment for each victim;

(i) Both appeals, etc. against one year of imprisonment and a fine of five million won;

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