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(영문) 서울남부지방법원 2014.01.08 2013고단2232
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 15, 2012, the Defendant met with the victim E who was taking meals at the D restaurant located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and took care of the victim E, who graduated from the university, and caused the victim to die with the victim.

On February 2, 2012, the Defendant concluded that, at the victim’s house located in Geumcheon-gu Seoul Metropolitan Government F&T No. 101, the Defendant would lend money to the victim, and that, “I would like to pay back money until June 30, 2012, I would like to lend money to the victim for landscaping business, I would like to lend money to the construction business, and I would like to borrow money to the son, but I would like to do so if I would like to do so.”

However, there was no idea that the defendant would purchase trees for landscaping, and there was no statement that the defendant would make the defendant use of the loan to construct the defendant. After the maturity date, the defendant avoided her meeting with the victim, and the defendant was not able to repay the money borrowed to the victim because there was no special property or income, and there was no intention or ability to repay the money borrowed to the victim.

As above, the Defendant, by deceiving the victim as above, obtained the victim a total of KRW 42,00,000 on March 2, 2012 from the victim as the borrowed money, and acquired the victim a total of KRW 42,00,000 on March 2, 2012, and acquired the victim a total of KRW 29,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. The application of Acts and subordinate statutes to investigation reports (to hear statements for reference - G);

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

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Determination of Punishment] Fraud, General Fraud, and below KRW 100 million [Determination of the recommended area] Basic Field [Scope of Recommendation] from June to June 1 year [Scope of Punishment] Applicable Provisions of the Criminal Code: the statutory punishment under Article 347 of the Criminal Code: one month to ten years [Determination of Sentence] imprisonment with prison labor], and ten months, there were several occasions of punishment for fraud.

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