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(영문) 서울서부지방법원 2019.08.28 2019고단2192
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around March 30, 2018, the Defendant made a false statement to the effect that “A real estate located in Mapo-gu Seoul Mapo-gu Seoul, would repay money to the victim D by April 10, 2018, if the Defendant lent money to the victim D.”

However, at the time, the Defendant’s obligation to the bank and the lending company and the obligation borrowed from the individual was approximately KRW 50 million, and even if the Defendant borrowed money as above, it was thought that it would be prevented from returning other obligations, and thus, there was no intention or ability to repay the obligation within the due date.

The Defendant, by deceiving the victim as such, received KRW 1 million from the victim’s account in the name of the Defendant on the same day, and received KRW 29,200,000 from the victim to July 5, 2018, in total, six times, as shown in the separate crime list, as shown in the separate crime list.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes governing the notarial deed of the FF Loan loan contract for the complainants, the details of deposits made by the complainants, the details of transactions on cyber bankings, the details of issuance of H check by the complainants, H receipts by the complainants, the details of withdrawals by the complainants, the details of I loan withdrawals by the complainants, the details of loans by the

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (including fraud and victim E) and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. The use of the sentence by fraud for the purpose of personal debt repayment; and

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