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(영문) 서울동부지방법원 2013.06.18 2013고정1009
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around August 10, 2012, the Defendant made a false statement to the victim B, before the Agricultural Cooperatives, which was located next to the Seocheon-dong Hyundai Department Store, Gangdong-gu, Seoul, stating that “Around August 10, 2012, the Defendant shall pay the principal ten percent (300,000 won per week, if he/she lends three million won) to the victim B.”

However, the fact did not have the intention or ability to repay even if it borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 1.6 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on the loan certificate;

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

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act (Article 700,000 won for a suspended fine and KRW 50,000 per day for a workhouse), taking into account the fact that there are no criminal records of the same offense, there are circumstances that may be taken into account the details and circumstances of the deception, the amount of defraudation is not more than 1.

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