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(영문) 서울중앙지방법원 2014.12.04 2014고단5620
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around April 22, 2013, the Defendant stated to the effect that, “If the Defendant borrowed KRW 2 million as a fine to the prosecutor’s office, it will be repaid later” to the victim C who was known at the new bank Blackdong point located in Dongjak-gu Seoul Metropolitan Government, 110, in Pyeongtaek-gu, Seoul, that “if the Defendant would pay the fine, it will be repaid later.”

However, even if the Defendant borrowed money from the victim, it was thought that he will use it to repay the Defendant’s obligation. Around that time, the Defendant had already borne the debt amounting to KRW 20 million with the bonds company without any particular property, and paid the monthly interest amount to KRW 2 million, so there was no intention or ability to repay even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received a cash of 2 million won from the victim, namely, in the seat, and acquired it by fraud.

2. On April 29, 2013, the Defendant told the victim’s house located in Dongjak-gu Seoul Metropolitan Government (hereinafter “Seoul Metropolitan Government D”) to the effect that “a passenger car is lent to the victim to attempt to travel along with workplace rent.”

However, even if a car is delivered by the victim, the defendant was thought to use the car as a collateral to repay the defendant's obligation. As above, the defendant had no intention or ability to recover the car in excess of his obligation and return it to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, obtained from the victim, that is, from the victim, the E-A-Wurt-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wed

Summary of Evidence

1. Defendant's legal statement;

1. Application of C of the Police Statement No. 2 of August 1, 2014 (Evidence List No. 2) to C

1. The reason for sentencing of Article 347(1) of the Criminal Code for the pertinent provision of the Criminal Act and Article 347(1) for the choice of punishment [the scope of recommending punishment] general fraud (less than KRW 100 million) and the mitigation area (one month to one year) (special mitigation person) [the scope of mitigated punishment].

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