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(영문) 서울서부지방법원 2017.03.10 2016고단2533
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 5, 2014, the Defendant made a false statement to the victim F that “E is on the first floor of the building underground in Gyeyang-gu Seoul Metropolitan Government D, Seoyang-gu, Seoul Metropolitan Government, with a view to operating the marina in the name of the Gu, and paying the money to the party with the proceeds that he/she would have paid the money necessary for the operation of the marina.”

However, in fact, the Defendant received a loan from a lending company, etc. from around April 30, 2013, and began to delay the loan from January 14, 2014. At the time, the personal obligation was paid in KRW 6-700 million, and there was no intention or ability to repay the loan properly even if the Defendant borrowed money from the damaged party, because of the economic situation that embezzled the leased vehicle and borrowed KRW 12 million from the credit service provider.

The Defendant, as such, deceiving the victim and deceiving him/her from the damaged party, shall be KRW 5 million on August 5, 2014, and the same year.

9.1. 10 million won, and the same year;

9. 27. 4 million won, and the same year;

9. On June 29, 200, a sum of KRW 25 million, etc. was remitted to the national bank account of the defendant, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. F statement concerning the defendant in the police interrogation protocol

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to one copy of credit information, such as a certificate of borrowing and details of account transactions;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general fraud (less than KRW 100 million). In the mitigated area (one month to one year), where punishment is not granted or considerable damage is recovered (the decision of sentence is made], the punishment shall be determined in consideration of the serious reflectivity, circumstances of the crime, agreement with the victim, amount of damage, records of the crime (the two-time fine penalty for this crime), etc.

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