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(영문) 대전지방법원 천안지원 2017.04.27 2016고단1791
사기
Text

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

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

Reasons

Punishment of the crime

1. On November 12, 2015, the Defendant, at the Defendant’s house located in Nam-gu, Nam-gu, Nam-gu, Seoul Special Metropolitan City, 102 Dong-gu, and 1303, calls for the victim-based loans to “15 million won, if the loan is made, 430,274 won per month from November 12, 2015 to November 30, 2020.

“The phrase “ was false.”

However, the defendant was thought to apply for individual rehabilitation even if he/she was given a loan from the injured party because he/she has no particular property, and there was no intention or ability to repay the loan to the injured party.

After all, the defendant deceivings the victim as above, and he obtained the delivery of KRW 15 million from the victim for the same day.

2. A victim general meeting of a dispute resolution committee;

at the time and place set forth in paragraph 1, the defendant to the

In applying for a loan by putting a telephone on the phone, “15 million won shall be paid in 427,500 won per month from November 12, 2015 to November 30, 2020, and the principal shall be paid in 427,500 won per month from November 12, 2015 to November 30, 2020.”

However, in fact, even if the defendant has no particular property and has received a loan from the injured party, he/she thought that he/she would immediately apply for a personal rehabilitation, and there was no intention or ability to repay the loan to the injured party.

After all, the defendant deceivings the victim as above, and he obtained the delivery of KRW 15 million from the victim for the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (D);

1. Application of Acts and subordinate statutes to each written complaint and accompanying documents;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime. Article 347 (1) of the Criminal Act (Selection of Imprisonment);

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

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 of the community service order [the scope of recommended punishment].

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