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(영문) 서울남부지방법원 2018.05.02 2017고단4811
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

① On May 12, 2014, the Defendant: (a) at the Nonghyup Bank located in the 124 Seoul newspaper company in Jung-gu, Jung-gu, Seoul; (b) the victim C, “on the loan of KRW 15 million to KRW 3 to 4 times the amount of funds needed for the fund as operating expenses for the special business; and (c) was transferred from the victim on the same day to the account in the name of the Defendant in the name of the Nong Bank (Account Number:D); and (b) around June 19, 2014, the Defendant borrowed KRW 15 million from the said victim on the road, “on the loan of KRW 15 million to 10 million in total if the funds were loaned to 15 million as operating expenses for the special business in the Republic of Korea; and (d) was transferred from the said victim on the loan of KRW 100 million to the said bank on the same day, around June 19, 2014.”

However, in fact, the Defendant was thought to use money from the damaged party as living expenses, etc., and the business operated by the Defendant was in default and did not have any revenue, and there was no specific property, so there was no intent or ability to repay the borrowed money to the injured party even if he received the borrowed money

Nevertheless, the defendant deceivings the victim as above and received the remittance of KRW 25 million in total from the victim as the borrowed money.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

1. The pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, grounds for sentencing of imprisonment [the scope of recommended punishment] No person [the person subject to special sentencing] in the basic area (from June to January 6) (the scope of recommendation] of type 1 (the scope of less than KRW 100 million) (the decision of sentencing] [the decision of sentencing] is merely a person who remitted the details and contents of the instant crime, the degree of damage, and the amount of KRW 2 million to the account under the victim’s name at the time of the arrest of the instant case, and then later, the person who was released will be held liable or will be recovered from damage.

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