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(영문) 인천지방법원 2014.11.06 2014고단2719
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 10, 2007, the Defendant made a false statement to the victim E by stating that “A” restaurant operated by the Defendant at “D,” the victim E, who borrowed money, would be paid off.”

However, as the defendant was not well operating a restaurant, there was almost no import, and even if he borrowed money from the victim due to a large amount of debt such as borrowing KRW 560,000 from the Taeannam-Myeon Cooperative, the defendant did not have the intention or ability to repay it.

Nevertheless, the Defendant, as seen above, was issued KRW 62,30,000,000,000 from the time when the victim was accused of the victim and received KRW 5 million on the same day from the time to February 7, 2012, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 347(1) of the Criminal Act applicable to criminal facts and Article 347(1) of the choice of punishment does not require considerable amount of damage for the reason of sentencing, and even though a considerable period of time has been granted for agreement with the victim, there is no agreement with the victim yet to be agreed upon. Meanwhile, in full view of the following: (a) the defendant led to the confession of and reflect against the crime; (b) partial interest has been paid to the victim; and (c) other circumstances including the defendant’s age, character and conduct, family relation, motive, means and consequence of the crime; and (d) the punishment shall be determined as ordered by the order, but the court shall not

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