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(영문) 의정부지방법원 고양지원 2018.07.13 2018고단813
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 201, 201, the Defendant contacted the victim B at an insular place, and “A bond business is conducted against large restaurants, private teaching institutes, etc. inside and outside the city.”

The principal will also be paid with a high interest on the loan of money to B.

“A false representation was made.”

However, the Defendant had not operated a bond business against a large restaurant and a private teaching institute, and there was no economic circumstance to the extent that the communication fee was not paid, and there was a loan obligation of about KRW 15 million from the lending company. Around 2009, the Defendant borrowed KRW 240 million from C in borrowed from around 2009, but failed to pay it at all. Thus, even if the amount was received from the damaged party, it was intended to use it for the repayment of his/her living expenses and debt.

After all, the Defendant received a total of KRW 70,590,000,00 as stated in the list of crimes in the attached Table, from September 23, 2011 to December 9, 2011 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The total amount of deposits and the application of A letter-based statutes;

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (from June to one year and six months) (no person who is subject to special sentencing];

2. The fact that the amount of fraud in this case, which was determined to be sentenced, is not a total of 70 million won, and that the full damage has not been restored until a considerable period has elapsed, is disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and against his mistake, and there has been no record of punishment for property crime up to now, and since the time of this case, about about 46 million won have been repaid up to now, and it remains continuously in the future.

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