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(영문) 서울동부지방법원 2013.09.26 2012고단2936
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 14, 2012, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Eastern District Court, and the said judgment became final and conclusive on February 22, 2012.

From April 201 to August 201, the Defendant served for the multi-level company called “(State) D” located on the second floor of Gangdong-gu Seoul Metropolitan Government Building C.

On May 201, the Defendant, at the victim F’s house located in Gangdong-gu Seoul E-building 302, concluded that the Defendant had no intent or ability to repay the debt amounting to approximately KRW 90 million, and even if having borrowed money from the victim, the Defendant acquired money from the victim by acquiring KRW 30 million from the company to BM. If the Defendant borrowed money from the company as collateral, KRW 180,000,000 from the company to the class of BM is necessary. If the Defendant borrowed money from the company as collateral, the Defendant would pay the monthly interest amounting to KRW 180,000,000,000 from the point located in the same Gu-dong-dong around the 30th of the same month from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Second-time protocol concerning the examination of the suspect against the accused;

1. Entry of the accused in F and G of the second police suspect examination protocol;

1. Statement of the police statement concerning F;

1. Copies of a complaint, cash custody certificate;

1. Previous records: Application of criminal records and investigation reports (report attached to decisions of a suspect) and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act on May 15, 2002, the Defendant did not have been aware of the fact that he had been already sentenced to six times punishment prior to being sentenced to imprisonment for a crime of fraud on May 15, 2002, and had been sentenced to six times punishment for the first crime of the same crime of the same crime. However, even though he repeatedly committed the instant crime, the Defendant did not recover the remainder of damage other than deposited money for the victim.

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