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(영문) 인천지방법원 2016.01.27 2015고단7821
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 12, 2015, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for a violation of the Narcotics Control Act at the Seoul Central District Court on February 12, 2015, and the said judgment became final and conclusive on the 24th of the same month.

around 16:00 on July 15, 2010, the Defendant concluded that “The E Beauty Room” of the victim D’s operation in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, would lend money to the victim as being needed to pay, and if so, would pay the principal and pay the interest of five (5) installments after three (3) months.

However, there was no intention or ability to repay the money even after borrowing it.

The Defendant received 50,000 won from the person who believed the Defendant to the Defendant’s account on the same day, and received 36,450,000 won in total from December 1, 2010 until December 1, 201, as indicated in the list of crimes in the attached Table, as the Defendant was transferred to the Defendant’s account.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Inquiry into accusation forms, copies of bankbooks, and details of financial transactions;

1. Previous convictions: Inquiry into criminal history, report on investigation (Attachment of criminal records of the same kind of suspect and related criminal records), and application of the text of the judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act recognizes the crime of this case and reflects the fact that the defendant recognized the crime of this case, the defendant agreed with the victim smoothly, the fact that the crime of this case and the concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act are committed under favorable circumstances, the fact that the defendant has been punished for the same kind of crime shall be considered under unfavorable circumstances, and other factors such as the defendant's age, sexual behavior, environment, motive and circumstance leading to the crime of this case, and circumstances after the crime shall be determined as ordered by the order.

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