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(영문) 서울중앙지방법원 2018.01.18 2017고단8015
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 15, 2009, the Defendant was sentenced to imprisonment for a crime of fraud at the Seoul Central District Court on two years and six months, and that judgment became final and conclusive on February 11, 2010.

On March 2008, the Defendant would pay the principal and interest rate of 20% by lending money to the victim E who is the same workplace partner in the same workplace as the “D” office located in Geumcheon-gu Seoul Metropolitan Government.

“A false statement” was made.

However, even if the defendant borrows money from the injured party, he did not have the intention or ability to pay the principal and interest to the injured party.

Around May 13, 2008, the Defendant: (a) by deceiving the victim as above; (b) received 1.35 million won from the corporate bank account in the name of the Defendant for the loan from the victim; (c) and (d) received the transfer of KRW 50,805,00 on 19 occasions from the above day to April 13, 2009, as shown in the crime sight table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A detailed statement of transactions in passbook;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment to separate judgments on suspects), application of the criminal defendant's statutory statement Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime during the period of repeated crime due to the same kind of crime, and the amount of damage in this case is not significant.

However, the defendant is able to repent his mistake in depth and compensate for damages in good faith.

C. The fact that the victim has agreed to receive 300,000 won a month and the victim wants to have a preference against the defendant, the fact that equity should be considered in the case of the judgment at the same time with the case of fraud sentenced to two years and six months, and the age, sex, environment, family relationship, means and result of the crime of the defendant;

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