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(영문) 서울남부지방법원 2017.08.24 2017고단1680
사기
Text

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

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

Reasons

Punishment of the crime

On October 7, 2011, the Defendant made a telephone to friendly job offering C at Dobong-gu Seoul Metropolitan Government Btel and needed to pay money to friendly job offering victims.

Since domestic investment has been undermined, the principal shall be repaid within one to two months, and interest shall also be paid.

The phrase “ makes a false statement.”

However, fact is not a bond of the defendant but a situation in which it is difficult for the defendant to cope with interest even though he used the bond.

There was no intention or ability to repay the interest on bonds borrowed from the damaged party due to the absence of any property or income.

Nevertheless, the Defendant, as such, by deceiving the victim, received 4 million won from the victim to the head of the Tong (E) in the name of the defendant's South-North Dong-dong (E) on the same day from the victim, and by deceiving the victim in such a way from the above day to June 24, 2012, and received a total of 68.6 million won as the borrowed money over 17 times, as shown in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions of deposits and withdrawal, details of transactions, and application of the Acts and subordinate statutes on filing of a complaint;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act do not have any previous record of the reasons for sentencing, the payment of damages was not made in addition to approximately KRW 3,680,000 for principal and interest KRW 10,000,000, but the payment was partially made after the closure of the pleadings in this case and agreed with the victim, the escape from the victim after around 2012, and other circumstances, such as motive, means and consequence of the crime, relationship with the victim, circumstances after the crime, etc.

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