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(영문) 서울북부지방법원 2017.11.16 2016고단5381
사기
Text

The punishment of a defendant shall be eight months.

Reasons

Punishment of the crime

1. The Defendant, around March 12, 2014, committed the crime, at the refined land point of “D” that he operated in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu C, and at around March 12, 2014, he/she would have a lot of profits from selling straws to E.m.

Interest shall be refunded 30 million won per 10% reduction per annum. It shall be repaid at least within one year.

“.......”

E, with the belief of the end, remitted the amount of KRW 10 million on March 13, 2014, and KRW 20 million on March 19, 2014 to the Saemaul Treasury account of the Defendant.

However, at the time, the Defendant assumed the obligation of KRW 15 million to a corporate bank and KRW 4 million to a corporate bank. Since the Defendant’s financial difficulties, such as seizing the accounts of the Defendant’s banks, corporate banks, and Nonghyup Bank, etc., the Defendant did not have any intent or ability to complete payment, even if he borrowed money.

The defendant got 30 million won by deceiving the victim E.

2. On August 2014, the Defendant committed the crime to E at the same place as on August 25, 2014:

The court stated that the portion damaged by the domestic corporation's stocks shall be met only for three months, and that the amount of KRW 20 million shall be loaned."

E trusted the horses, and transferred the amount of KRW 20 million from the same day to the accounts of the Saemaul Treasury of the Defendant as the borrowed money.

However, the Defendant borrowed the Defendant previously.

Because of the failure to repay KRW 30 million and the above-mentioned economic difficulties, there was no intention or ability to repay money.

The defendant got 20 million won by deceiving the victim E.

Summary of Evidence

1. Part of the defendant's oral statement;

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

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a loan certificate, remittance confirmation, and transaction statement;

1. Article 347 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

1. Determination of a sentence under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as an aggravated punishment for concurrent crimes;

1. The sentencing guidelines shall be recommended from six months to one year and six months;

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