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(영문) 의정부지방법원 2012.11.29 2011고단3599
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant revised ex officio to the extent that the identity of the facts charged is recognized, on November 22, 2008, to the extent that it is not known, the Defendant stated that “the monthly income from selling clothing is five million won or more. Money to be used for expenses, such as the purchase cost of clothes sold in the Internet clothing shopping mall operated by the Defendant is lent to the victim C.”

However, in fact, the Defendant did not have any revenue of KRW 5 million per month and did not have any other property, so there was no intention or ability to repay the money with the victim.

The Defendant, as stated in the list of crimes in the attached Table, by deceiving the said victim on the same day, received KRW 200,000 from the national bank account for the same day as the loan money, and acquired the money by remittance of KRW 5,433,000,000 from that time to April 29, 2009 as a total of 14 times.

Summary of Evidence

1. C’s legal statement;

1. The statement of C among the interrogation protocol of the defendant by the prosecution against the defendant, and the statement of the defendant to the effect that he/she told the victim that he/she would give 60 million won a monthly savings for one year.

1. Statement C in the police interrogation protocol (No. 5 of the evidence list) of the accused;

1. Each police statement made to D or C;

1. Details of receipt and sending of text messages;

1. Application of Acts and subordinate statutes on trading lists;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, the period of imprisonment choice [decision of type] of general fraud [decision of a person under KRW 100 million] [decision of the recommended field] There is no person [decision of a person under KRW 100,00] [decision of the recommended field] basic area [decision of the recommended field] / six months to one year and six months [No person under general conditions] - Major reasons for suspension of execution / There are no reasons for suspension of execution: Unagreement (illegal reasons), criminal records (esteem reasons): there is no effort to recover damage (decision of a sentence of punishment): Six months].

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