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(영문) 서울중앙지방법원 2013.08.22 2013고단3788
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 18, 2011, the Defendant called, “A real estate office operated by the Defendant in Gwanak-gu in Seoul Special Metropolitan City, that “The part payment is necessary to intending to purchase a loan in E. The part payment is required. If the house is sold, the payment is to lend KRW 20 million.”

However, the Defendant did not have any intent or ability to repay the borrowed money to the victim by selling the borrowed money after lending money to the victim and using it as an intermediate payment for purchase.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the victim, namely, from the victim, to September 3, 201, as indicated in the list of crimes in attached Form 4 from around that time, and received KRW 52 million in total from around the time to September 3, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to each certificate of cash custody and each letter;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. The range of recommended sentencing guidelines: Fraud, general fraud, or special person of less than KRW 100 million: The scope of recommended sentence where serious damage is caused to the victim (aggravated factor): Imprisonment with prison labor for a period of one year to two years (aggravated area): Whether a suspended sentence is suspended for a period of two years (aggravated area): A comprehensive comparison and evaluation of the reasons for the suspended sentence - If the reasons for such a suspended sentence are comprehensively compared and assessed - If the agreement is not reached or the victim was caused by serious damage - There is no past record of criminal punishment - No general illegal reason - no effort to recover damage - there is no past record of recovery

2. A large number of frauds without stating the frequency of frauds for elderly victims who have abolished additional considerations and maintain their livelihood;

3. One year of imprisonment with prison labor for a sentence; and

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