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(영문) 수원지방법원 2017.06.15 2016고단6650
사기
Text

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

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

F, ..

Reasons

Punishment of the crime

around October 2013, the Defendant loaned the bonds to the victim H in a coffee shop located in the Oral Doe-dong and made an investment in the bonds to the U.S. military unit, and if the bonds interest rate is high, the Defendant shall pay the interest on the third part of the month and the principal shall be paid regardless of the period since the construction is completed by the end of October 2014.

The phrase “ makes a false statement.”

However, even if they borrow money from the victims of fact, they did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received the remittance of KRW 25 million from the victim on October 24, 2013, and received KRW 29.9 million in total from the time to July 25, 2014 as shown in the attached Table of Crimes (1), from the time to July 25, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes concerning financial transactions in the principal;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the mitigation area (one month to one year) in the mitigation area (one year from January to one year) (the person subject to special mitigation) is not subject to punishment, or considerable damage has been recovered, due to the application of the sentencing criteria [the scope of the recommended punishment] in general fraud;

2. It seems that the Defendant’s decision on sentence of punishment did not recover damage to the victim for a period of three years after the crime of this case, thereby suffering from the victim.

At the time, the victim lent the security deposit received from the lessee to the defendant, and the defendant did not return it until the expiration of the lease period, and it seems that he suffered considerable pain.

However, victims do not want to punish the defendant.

The Defendant paid the victim the amount of KRW 12 million out of the above amount of damage, agreed to make a change in a certain amount each month, thereby making efforts to recover the damage, and declared the intent to make efforts.

The Defendant committed the instant crime.

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