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(영문) 청주지방법원 2016.04.29 2016고단457
사기
Text

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

Reasons

Punishment of the crime

On September 15, 2015, the Defendant was sentenced to imprisonment with prison labor for not more than ten months at the Changwon District Court for fraud, etc. and the said judgment became final and conclusive on the same day.

The Defendant, around February 5, 2015, at the E-cafeteria operated by the victim D in Seongbuk-gu, Changwon-si, Changwon-si, the Defendant loaned money to the victim, thereby allowing the victim to make an investment in the trade company exported to Japan and receive interest of KRW 1 million per month, and repaid the principal until February 5, 2016.

The phrase “ makes a false statement.”

However, at the time, the Defendant was thought to use money for personal purposes, such as living expenses, without investing money from the damaged company, and there was no particular property, and even if he/she borrowed money from the damaged party due to no certain income, he/she did not have the intention or ability to repay it

As such, the Defendant, by deceiving the victim as such, received cash 20 million won from the victim on the same day as the loan money, and took over 4 million won in the name of the Defendant, by remitting 4 million won to the criminal administration account (F).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement and a process deed;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation of the date of separate confirmation against A of the suspect A), and copy of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. The latter part of Article 37 of the Criminal Act: (a) the reason for sentencing under Article 39(1) of the Criminal Act does not apply to the latter part of Article 37 of the Criminal Act for the reason of sentencing; (b) as such, the standard for sentencing is not applied; (c) so, the circumstances constituting the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, circumstances after the crime, equity in the case where the judgment becomes final and conclusive, etc., shall

Recognizing favorable circumstances - mistake is recognized and divided.

- Any other than fraud for which the judgment has become final and conclusive.

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