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(영문) 인천지방법원 2015.05.21 2015고단1549
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The Defendant is a person who has been engaged in the manufacturing and wholesale business of female clothes in the mid-gu Seoul Metropolitan Government C market.

On November 2008, the Defendant had an obligation to pay KRW 50 million to the customer, and had an obligation to pay KRW 130 million to the financial rights. The Defendant had no intent or ability to pay the said interest and principal, even if he/she borrowed money from another person due to an urgent circumstance, even if he/she had an obligation to pay the said interest and principal, due to the amount of the obligation to pay KRW 30 million to the customer.

Nevertheless, around November 10, 2008, the Defendant made a false statement that the principal and interest would be repaid in the number of days if he/she lent money to the victim E in the same capital market because he/she had been engaged in clothes in the same capital market.

around November 12, 2008, the Defendant received KRW 10 million from the victim to the national bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

In addition, the Defendant, from around that time to February 4, 2009, by deceiving the victim as shown in the annexed crime list, received a total of 213,357,660 won through 18 times.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the accused (including E statements);

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Determination of Punishment] Fraud 2 (at least KRW 100 million, less than KRW 500 million) - In the event that the reduction element is not granted or considerable damage has been recovered, [the scope of the decision and recommendation sphere] mitigation area, October-2 and June 10 [whether or not the suspension of execution is suspended] - The main reasons for the suspension of execution are positive and negative social relation - the reason for the general participation clearly shows positive social relation, and the reason for the suspension of execution.

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