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(영문) 서울중앙지방법원 2016.12.22 2016고단7001
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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

[criminal power] On October 31, 2008, the Defendant was sentenced to three years of suspended sentence of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on January 6, 2009.

【Criminal Facts】

From September 2007 to October 20 of the same year, the Defendant told the victim G to the effect that “in the F hotel coffee shop located in Gangnam-gu Seoul, H is 1 to the Military Mutual Aid Association I. H, with a PF loan from the Military Mutual Aid Association, H, with a PF loan from the Military Mutual Aid Association to the amount of KRW 120 million exceeding the previous 10 million loan from the Military Personnel Mutual Aid Association, the Defendant borrowed 20 million won as Gurovia loan.”

However, even if it is borrowed money from the victim, it was thought that it will be used for the operation expenses of the JBS and the existing personal debt repayment. Since it was paid in default around 2002, there was no special property or income since it was paid in default, while there was no intention or ability to repay even if the bonds were borrowed money from the victim more than KRW 300 million.

Around December 25, 2007, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to a single bank account in the name of the JAB and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning the defendant's statement G among prosecutor's offices and police interrogation protocol.

1. The police statement concerning G;

1. A copy of bankbook;

1. Criminal records as indicated in the judgment: Criminal records, etc., inquiry reports, investigation reports (Evidence List Nos. 11), and application of Acts and subordinate statutes attached thereto;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of sentencing guidelines and recommendations] The latter concurrent crimes under Article 37 of the Criminal Act do not apply to sentencing guidelines.

[Decision of Sentence] The defendant shall be the defendant in the following circumstances:

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