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(영문) 서울북부지방법원 2018.01.25 2017고단4411
사기
Text

The punishment of a defendant shall be ten months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around April 30, 2014, the Defendant’s “D” operated by C with building B 101 of Dobong-gu Seoul Metropolitan Government building B around April 30, 2014, does not have an original value to “D” to conduct a kind of original work within the friendly family.

The amount of KRW 11 million shall be paid to the customer three days after the loan of KRW 10 million.

“The meaning was “.....”

C trusted the end, and transferred 11 million won to the Defendant’s new bank account on the same day.

However, at the time, the Defendant was at least KRW 50,00,000,000 for personal debt, including debt-backed loans, and there was no money to be collected from other clients, and the Defendant was thought to use the borrowed money as the Defendant’s living expenses, personal debt repayment, etc., and thus, he did not think of or have the ability to repay the money even if he borrowed money.

The Defendant, from July 29, 2015, obtained the victim C by deceiving the victim, and acquired the victim C at least 71,622,598 won by deceiving the victim C at least 13 times, as shown in the crime inundation, from that time until July 29, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (includingC statements);

1. Application of the police statement protocol law to C

1. Article 347 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

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. Determination of a suspended sentence under Article 62 (1) of the Criminal Act;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for up to one year and six months;

2. Decision of punishment: to recognize errors;

There are one imprisonment, and it has been relatively old.

The distribution of the victim who believed the defendant should be subject to criticism.

The circumstances in which the injured person does not want the punishment against the accused are considered.

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