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(영문) 서울동부지방법원 2014.09.17 2014고단1533
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On October 31, 2011, the Defendant concluded that “D” in the Defendant’s operation “D” in Seongdong-gu Seoul Metropolitan Government, stating that “A lending KRW 12 million to the victim E necessary money to move the office. The principal shall be repaid three months after the payment and interest shall be attached to each month.”

However, in fact, the defendant was unable to repay 8 million won of credit cards and loans in 2006, and the above marriage counseling center was unable to pay 900,000 won of the monthly rents and management expenses, and there was no intention or ability to pay them even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim as such, received KRW 11 million from the victim on October 31, 201 and KRW 12 million on or around July 7, 201 of the same year from the victim, and acquired the money as the borrowed money.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the record of the E statement);

1. Application of Acts and subordinate statutes to investigation reports (2013Na4052 Loan mediation protocol, and reference of liquidity details);

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

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Fraud (less than KRW 100,000) and the basic area (six to one year and six months) (the decision of sentence] was not repaid. However, considering the fact that there was no criminal record above the amount of fraud, the amount of fraud, or the suspension of execution due to the same kind of crime.

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