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(영문) 서울동부지방법원 2013.12.23 2013고단711
사기
Text

Defendant

A shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

Defendant

A received a request from a female-friendly job offers B to seek money to be used as a repayment of debt, etc. on January 20, 2010, it stated that “I would have to repay 1 to 2 weeks if I would have borrowed 20 million won as I would have used it promptly.”

However, in fact, the Defendant was at least KRW 160 million with bank loans, and the Defendant did not have any property as the bad credit holders, and was paid monthly interest in excess of KRW 50 million. Therefore, even if he borrowed money from the victim, there was no intention or ability to repay it within one to two weeks.

Nevertheless, as above, Defendant A deceiving the victim and transferred 20 million won to the Defendant’s deposit account as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to the prosecution concerning the accused and B concerning the protocol of interrogation of suspects (including the protocol of statement D);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The sentencing of Article 62(1) of the Criminal Act provides that there is no history that Defendant A has been punished as a crime of the same kind, and that it appears that the victim has paid a considerable amount of interest, and that the punishment shall be determined like the order, considering the relationship between Defendant A and the victim, the amount of fraud, the age and character of the

Part of Innocence (Defendant B)

1. The summary of the facts charged is Defendant B, who is a person with bad credit standing, who has no property under his name, and when the bonds cannot be repaid with the amount of 10 million won, Defendant B borrowed money to Defendant A with his male-child job offering, and Defendant B had the intention to lend money to her own or her victim D.

A around January 20, 2010, when a victim gets a place to use 20 million won rapidly because he / she gets a telephone from the victim at an infinite place, he / she has lent 1 to 2 weeks.

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