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(영문) 서울북부지방법원 2013.09.10 2013고단1307
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around December 1, 2011, the Defendant, at the electrical appliances office operated by the victim D in Gangnam-gu Seoul Metropolitan Government (Seoul Northern-gu), made a false statement to the victim “to use and pay immediately only one week,” and the Defendant received 2.2 million won from the victim, namely, from May 22, 201, 200 to May 22, 201, 27.9 million won was delivered from May 15, 201 as indicated in the list of crimes.

However, there was no intention or ability to repay money from the victim even if there was no particular property owned by the victim more than KRW 100 million at that time.

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

Summary of Evidence

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a loan certificate, household check, bankruptcy and exemption;

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

1. Of concurrent crimes, the sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act do not include a large amount of damage for the reason of sentencing, the fact that most damage has not been recovered, and other circumstances, such as the age, environment, circumstances after the crime, etc. of the defendant, the defendant shall be sentenced to the same punishment as the ordering, but the court shall not impose any statutory restraint in order

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