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(영문) 인천지방법원 부천지원 2017.06.23 2017고단571
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 21, 2016, the Defendant: (a) at the Defendant’s house of Seocheon-si, Seocheon-si, Dang 202, around November 21, 2016, the Defendant stated that “A victim D, who was aware of the fact, lent 50 million won to a person operating Schlage in the vicinity of the E market and received interest of 5 million won per month; (b) he/she borrowed 2.7 million won as he/she is deemed to need to pay, and thus, he/she would have repaid 3 million won until December 21, 2016.”

However, even if the Defendant did not have certain income, and did not receive interest from Schlage operators in the vicinity of the E market, the Defendant made a false statement as above, and was remitted 2.7 million won from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 1, 2016, the Defendant committed the crime and around December 1, 2016, in front of the Mine Life Bank near Gyeonggi-do, the Defendant knew the victim D of the good auction articles listed in Seoul Southern Southern District Court, and is well aware of the court F.

Of the auction proceeds, 50 million won is prepared, 4 million won out of the remainder of 10 million won has been prepared, and 5.8 million won has been loaned, and 180 million won has been sold.

Until December 16, 12, including interest, the notice was issued that the payment will be made without mold.

However, in fact, the defendant thought that he borrowed money from the damaged person to friendly G, and even if there was no article at auction by the court, the defendant made a false statement and received 5.8 million won from the damaged person.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiry of the results of transfer management, and application of the relevant Acts and subordinate statutes of each loan certificate;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.

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