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(영문) 서울서부지방법원 2017.10.31 2016고단2965
사기
Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2014, the Defendant: (a) from the mutual influence point of view located in the city of Hoju of Vietnam on May 25, 2014; (b) “The extent of KRW 300 million was used from Vietnam, and the interest rate is high; (c) KRW 10,000,000,000,000 shall be repaid within one month; and (d) the remainder of KRW 50,000 shall be repaid within this year.

In addition, the interest of KRW 100,000 per month for the above KRW 50,00 shall be paid, and the lease deposit of the D office operated by the D office shall be 30,000 won and business profit.

“A false statement,” and this year

6.2. At the office of “D” on the Songpa-gu Seoul E and fourth floor, the second victim made a false statement to the same purport, and prepared and issued a certificate of borrowing and a certificate of deposit for lease.

However, in addition to the above bonds at the time, the Defendant was in a situation in which it was difficult to make profits because it was in excess of the obligation upon the imposition of a penalty surcharge of USD 1,00,000 in Vietnam, and there was no intention to transfer the above lease deposit to the victim. Therefore, even if he borrowed money from the victim, there was no intention or ability to pay

Around June 3, 2014, the Defendant received 60,000 won from the injured party, as the borrowed money, from one bank account in the name of F used by the Defendant, and repaid the amount to KRW 10,000,000 in the following month.

Accordingly, the defendant, by deceiving the victim, obtained money of KRW 50 million and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

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

1. Statement made by the police against C;

1. Complaint;

1. A certificate of borrowing, certificate of deposit for lease, certificate of all the matters to be registered, and certificate of confirmation of transfer of Internet banking;

1. Application of Acts and subordinate statutes to investigation reports (to hear the statements of the G Building Manager);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the observation of protection and the community service order.

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