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(영문) 수원지방법원 평택지원 2016.07.21 2016고단168
사기
Text

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 11, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of receiving a bribe from the Suwon Friwon, and the judgment became final and conclusive on June 10, 2010.

[Criminal Facts]

1. Around December 11, 2008, the Defendant made a false statement to the victim C, stating that “A victim C would be repaid well with a friendly tool that imports mushroom in Vietnam, which is difficult due to the lack of business funds.” If the Defendant borrowed KRW 30 million, he/she would pay eight (8) interest on the loan of KRW 30 million and make a full payment without a mold.”

However, in fact, the defendant did not have a business in Vietnam, and at the time, it was thought that the defendant used to pay the above debt amounting to KRW 7 to KRW 80 million and the personal debt amounting to KRW 50 million.

Nevertheless, the defendant deceivings the victim as above and was immediately given 25.2 million won to the injured party.

2. On June 20, 2009, the Defendant: “Around June 20, 2009, the Defendant provided that “A victim shall have a well-filled friendship with business in Vietnam, and if a business fund is more than KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0

3. On September 18, 2009, the Defendant stated that “Around September 18, 2009, the Defendant would make a lump sum repayment of money to the victim when he/she loans 20 million won as he/she would know about the fact that he/she is working in the Vietnam business, and the money that he/she would have to enter at the time be paid to him/her.” The Defendant received KRW 18.8 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including part concerningC statement);

1. Statement made by the police against C;

1. Details of receipt of a complaint and account transactions;

1. Previous records: The application of criminal records and investigation reports (reports attached to previous judgments) and other Acts and subordinate statutes;

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

1. Article 37 of the Criminal Code for the Treatment of Concurrent Crimes

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