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(영문) 대전지방법원 2014.07.17 2013고단3805
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

In fact, the Defendant had to operate a restaurant only with money borrowed from another person without any property, and even if the restaurant is operated, it was insufficient to pay monthly interest and time limit money, so even if the Defendant borrowed money from the victim C or lent credit cards, the Defendant did not have any intent and ability to pay it immediately.

Around May 18, 2012, the Defendant: (a) falsely speaked to the effect that “if he/she lends money to operate a restaurant, he/she shall be paid the said money”; (b) he/she received money KRW 2,000,000 from the victim; and (c) obtained money from the victim from May 18, 2012 to September 10, 2012 as indicated in the attached Table 1, the Defendant acquired money amounting to KRW 24,710,000 in total from May 18, 2012 to September 2012.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. A complaint;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act / [Scope of recommending punishment] The grounds for sentencing under Article 62(1) of the Criminal Act / [Scope of recommending punishment] Fraudulent Crime Group, general fraud (type 1), basic area, imprisonment from six months to one year and six months [Pronouncement of sentence]: The first offender, reflectivity, and the degree of deception is relatively weak; the extent of deception is relatively weak; and the extent of damage is not reached an agreement with the victim. Other matters such as the defendant's age, family relation, and circumstances leading

1. The summary of the facts charged in this part of the facts charged in this case is as follows: “The defendant shall operate the restaurant only with the money borrowed from any other person without any property, and even if operating the restaurant, to the extent that it is not sufficient to pay monthly interest and time limit money, and thus, from the victim C.

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