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(영문) 인천지방법원 2015.08.19 2015고단389
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

To the extent that the defendant's defense right is not disadvantaged, part of the facts charged shall be revised and recognized without amendment procedures.

Around April 17, 2012, the Defendant concluded that the victim D, located in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu, stated that “The Defendant would pay back money if the Defendant borrowed money to the Defendant because of the shortage of business funds despite having to purchase goods that would be urgently needed to carry on the same household’s business.”

However, the defendant's East E not only committed an illegal act for selling counterfeit goods with a trademark affixed, but also the defendant thought that some of them were used as personal living expenses even if he borrowed money from the victim, and the defendant and East E were registered as a person with bad credit standing due to business failure, etc., and the defendant was also unable to pay the health insurance fee of the National Health Insurance Corporation from May 201. Thus, even if he borrowed the above money from the victim, there was no intention or ability to pay it.

Nevertheless, the Defendant made a false statement to the victim, i.e., from the above victim to the new bank account in the name of the Defendant F by divesing from lives, and acquired 5 million won by fraud, and acquired 81,788,306 won in total through 12 times from the beginning until the beginning of 2013, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Details of transactions, compliance notes, details of use of new cards, details of loans made by lot cards, and the application of Acts and subordinate statutes on notarial deeds;

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

1. The reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the basic area (6 to 100 million won) (6 to 16 months) of the Criminal Act does not exist (the decision of sentencing] [the decision of sentencing] and the defendant supports.

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