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(영문) 서울남부지방법원 2013.11.13 2013고단3207
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2007, the Defendant made a false statement to the effect that “D” operated by Yeongdeungpo-gu Seoul Metropolitan Government Victim B C, which reads that “The Defendant would sell the money that he purchased if he/she borrowed money that he/she would be short of any balance in purchasing the money at home, and would pay the money immediately.”

However, at the time, since the Defendant did not have any special property or income, and only 50 million won or more, the Defendant borrowed money from the victim and did not have the intent or ability to repay the money, and sold the boomed money purchased from the victim, and then was planned to pay other debts instead of borrowed money to the victim using the money.

Accordingly, the Defendant, by deceiving the victim as such, was given KRW 5 million on July 22, 2007, and KRW 9 million on July 23, 2007, and KRW 14 million on the aggregate, from the victim as the agricultural bank passbook in the name of E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the interrogation protocol of the accused by the prosecution (including the statement portion ofC);

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Considering the fact that the defendant reflects his mistake and has no record of punishment for the same kind of crime power);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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