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(영문) 서울중앙지방법원 2014.05.28 2014고단1102
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 2012, the Defendant made a false statement to the effect that “The Defendant, at the Defendant’s house located in Sinsi-si, Sinsi-si, Sinsi-si, would open the human test business and open it to the victim D, would be exempted from using only one month, and at the same time, would lend KRW 25 million.”

However, at the time, the defendant did not have any intention or ability to pay the above money even if he received the above money from the victim due to the relationship in which the defendant did not have any property specially owned and has not been engaged in any other business to pay profits.

On October 16, 2012, the Defendant received KRW 23.5 million from the victim as the borrowed money from the Industrial Bank of Korea (E) account in the name of the Defendant around October 16, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement by the police on D (including details of passbook transactions attached thereto);

1. Application of Acts and subordinate statutes on notarial deeds;

1. The provision applicable to the crime, Article 347(1) of the Criminal Act regarding the choice of punishment, the provision of the choice of imprisonment [the scope of recommending punishment] of the basic area (6 to 100 million won) [the decision of sentence] of the type 1 (6 to 1 year and 6 months) of the General Fraud [the amount of damage] [the decision of sentence] and the amount of damage are not specified. Meanwhile, the defendant confessions, there is no particular criminal record, the defendant does not have any other criminal record, the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, and other various circumstances that are conditions for the sentencing of the case, including the circumstances after the crime

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