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(영문) 서울북부지방법원 2017.09.20 2016고단5319
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On December 31, 2013, the Defendant against the victim B, at the D office located in the Gyeonggi-si Co., Ltd., Ltd. (hereinafter “C”) around December 31, 2013, the Defendant would make payment to the victim B after three (3) days, if the funds are insufficient to purchase electric sets and export them to the United States.

“A false statement” was made.

However, in the event that the bond company is required to borrow the amount equivalent to KRW 40 million from the bond company and pay the amount equivalent to KRW 4 million on a 10-day basis, the company did not have any intention or ability to import, sell, or repay the borrowed amount normally even if it borrowed the money from the damaged party due to no other income or property.

The defendant received 5 million won from the damaged person to the account in the name of the defendant in the name of the NongHyup Bank on the same day.

2. On January 4, 2014, the Defendant against the victim E would provide the victim E with a loan from “G” office located in F at the time of the Gyeonggi-si, Gyeonggi-do, with payment without a mold after this mold.

The term "highly false statements" were made.

However, in fact, in the situation where it is difficult to repay bonds like Paragraph 1, there was no other income or property, and even if the borrowed money is borrowed from the damaged party, there was no intention or ability to repay the borrowed money normally.

The defendant received 5 million won from the damaged person to the NongHyup Bank account in the name of the defendant on the same day.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement by each prosecutor's office concerning E and B;

1. Application of Acts and subordinate statutes of each police statement protocol to B and E;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes lies in the recovery of the victims by promising the victims to repay to the police investigation stage, and the victims to cancel the complaint.

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