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(영문) 인천지방법원 2018.11.22 2018고단7205
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

On May 13, 2009, the Defendant borrowed KRW 15 million to the victim E, who is a customer, from the mutual standing point of “D” in the operation of the Defendant, which is located in the Nam-gu Incheon Metropolitan City, Nam-gu, and paid interest on July 2, 2010 until the loan is repaid.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any intent or ability to repay, even if he borrowed money from the injured party, since the Defendant was in a situation where the Defendant had accumulated financial debt without fixed income or asset, and the obligation owed to many creditors was higher than the repayment of interest on the advanced loan.

Nevertheless, the Defendant, as seen above, received KRW 15 million from five victims of total amount of KRW 184,869,00,000 from December 18, 2009, by deceiving the victim and receiving KRW 184,869,00 from the victims of total number of five victims, as stated in the attached crime list, from the victim’s account (G) to the Defendant senior mother on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning E-examination of the suspect of the police against the accused;

1. Application of each statute on police statements made to H, I, J, and K;

1. Relevant Article 341 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for the protection and observation and the reason for the sentencing of Article 62-2 of the Social Service Order Act / [the scope of recommendation] the basic area [the range of punishment / [the range of punishment / [the range of punishment / 4 years ; 1/3 of the lowest range of punishment / the sum of gains / the sum of gains 1 level increased as a result of the aggregate] special aggravated (a mitigation]: the victim E/the general person who has a large portion of the sum of punishment of multiple victims and H was a victim E/the general person who has no record of criminal punishment: the reason for sentencing and circumstances of punishment / the number of victims were ], and the

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