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(영문) 서울서부지방법원 2017.01.11 2016고단3109
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Defendant A, on February 6, 2015, was sentenced to a suspended sentence of one year of imprisonment for fraud, etc. at the Daejeon District Court Branch Branch of the Daejeon District Court on January 7, 2015 and the said judgment became final and conclusive on November 7, 2015.

【Defendant A has a debt equivalent to KRW 400 million, and did not lend money to others with bonds, and even if there was no particular property or income, there was no intention or ability to repay the money from the victim D.

Nevertheless, as Defendant A lends money to another person and raises considerable profits, the Defendants conspired to use the money in installments after paying the money to the victim.

Defendant

A On June 30, 2015, on the road in which Defendant B and the victim are aboard on his own vehicle and go to the Gannam-si from the Gannam-si to the Ganannam-si, the victim “at present, is playing in money, and there is a considerable income from money play.

It is false that the payment of interest will be made 30 days later by including the principal at the time of lending money, and the defendant B will be "A play this money."

A false statement stating that “The interest will be paid definitely from the loan to the loan interest” will be paid with good income, and it received KRW 13,00,000,000 from the injured party to the Agricultural Cooperative account in the name of E as a loan.

From July 9, 2015 to September 17, 2015, the Defendants conspired to do so and acquired the total amount of KRW 91,040,000 from July 9, 2015 to the said Agricultural Cooperative Account for 14 occasions, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Previous convictions in judgment: Reporting the previous convictions and results of confirmation, and the application of the text of the judgment;

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 347(1) and 347(1) of the Criminal Act ( comprehensively referred to as “the Defendants”)

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39(1) of the Criminal Act.

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