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(영문) 수원지방법원 2014.05.21 2013고단7248
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 31, 2013, the Defendant made a false statement to the victim D’s house of the Victim D, which was the C Village 402 Dong 1305, Sungsung-si, the Defendant stated that “I will give the Defendant the interest on the second part of each month and at any time deduct the principal from it at any time.”

However, due to a large amount of debt, the Defendant was able to repay the debt by borrowing money from the victim, and there was no intention or ability to repay the debt.

As above, the Defendant, by deceiving the victim, received KRW 20 million from the victim’s place to the Defendant’s national bank account, and received total of KRW 35 million over three occasions, including KRW 5 million on February 27, 2013, and KRW 10 million on May 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence on the sentencing guidelines [decision of types] group of fraud crimes-general fraud-10 million won or less [the scope of the recommended sentence] mitigation area (one month or one year of imprisonment] (the scope of the recommended sentence and the scope of the recommended sentence] mitigation area: Ad hoc penalty surcharge;

3. Determination of sentence shall be made within the scope of the recommended sentence, taking into account the following factors: (a) the Defendant’s mistake in the sentence is divided; and (b) the Defendant’s primary offender who has no criminal power; and (c) the Defendant’s primary offender who has no criminal power; and

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