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(영문) 서울중앙지방법원 2013.11.14 2013고단6109
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From around August 3, 2005, the Defendant told the victim E to pay the full amount by either repaying or disposing of the fee with the profit accrued from the safe point of view, when operating the Da’s mutual warning point in the first floor of Dongdaemun-gu Seoul Building, and the fund for the operation of the Ma’s warning point was insufficient.

However, in fact, the defendant continued to hold a bond of KRW 300 to KRW 40 million, and even if he/she did not dispose of the loan borrowed from the victim, he/she did not have any intention or ability to repay the loan borrowed from the victim even if he/she did not dispose of the loan.

As such, the Defendant, by deceiving the victim as such, received KRW 141,250,00 from the victim on August 3, 2009 to the Defendant’s bank account in the same manner, including the Defendant’s transfer of KRW 90,000 from the victim to the Defendant’s bank account in Korea, and acquired KRW 141,250,00 on April 29, 2013 through 37 occasions, such as the annexed crime list

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each loan certificate and each specification of transactions to the Acts and subordinate statutes;

1. Imprisonment with prison labor under Article 347 (1) of the Criminal Act, comprehensively with relevant provisions concerning the facts constituting an offense;

1. The type of recommendation based on the sentencing guidelines: The range of recommendation types: not less than KRW 100 million in general fraud, and less than KRW 500 million in special form: in a case where a person intentionally commits a deceptive act, or where the degree of the deceptive act is weak, the extent of the recommendation types: Imprisonment with prison labor: 10 months to 2 years from 10 months to 3 months: whether the person committed a deceptive act, or where the degree of the deceptive act is weak: Whether the reasons for the suspension of execution are comprehensively compared and assessed - Major reasons for the suspension of execution - In a case where the person intentionally commits a deceptive act, or where the degree of the deceptive act is weak: Social pride grounds for the suspension of execution.

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