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(영문) 서울중앙지방법원 2011.12.16 2011고단4700
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 13, 2010, the Defendant told the victim D's house located in Namyang-si C and 401, that "if the Defendant lends money to the victim with a credit card loan and card tin, he/she shall have to repay the debt at home, he/she shall have to do so by November 15, 2010."

However, the defendant did not have any special occupation at the time, and there was no intention or ability to pay money even if he borrowed money from the victim because he did not have any fixed income.

Nevertheless, the Defendant got a false statement as above and received KRW 17 million from the victim around that time.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Police for the accused and each protocol of examination of the suspect by the prosecution (including the substitute part);

1. Each police suspect interrogation protocol concerning E and F;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the loan certificate and the details of the victim’s approval for transactions with KoreanBC card;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. It is decided as per the disposition within the scope of the recommended sentence according to the sentencing guidelines on the grounds of not less than Article 62(1) of the Criminal Code (it has no effort to recover the damage, but there is no previous conviction for the same kind of crime and the scale of the damage).

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