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(영문) 인천지방법원 2018.03.29 2017고단8704
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 26, 2013, the Defendant: (a) around January 26, 2013, in the car page located in Incheon Strengthening Group D operated by the Victim C, the Defendant extended the interest of KRW 10 million to the victim; and (b) he/she paid KRW 10 million upon the completion of confluence in A.

“A false representation was made.”

However, the Defendant did not have any intent or ability to pay the above money within the agreed time limit, even if he/she borrowed money from the injured party because the Defendant had a bad credit standing due to overdue interest on the loan.

The Defendant received 9.7 million won from the damaged party’s account in the name of the Defendant’s wife E (number F) on the same day.

2. On May 8, 2014, the Defendant would pay the victim the sum of KRW 10 million prior to the loan of KRW 10,000,000,000,000,000,000,000,000,000,000,000,000 or less, to the end of the drilling.

“A false representation was made.”

However, the Defendant did not have any intent or ability to pay the above money within the agreed time limit, even if he/she borrowed money from the injured party because the Defendant had a bad credit standing due to overdue interest on the loan.

The Defendant received 10 million won check from the injured party on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 59 of the Act on the Protection and Observation, etc. of Social Service Orders;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than 15 years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] fraud, general fraud, and Type 1 (less than KRW 100,00) (the scope of the recommended punishment] imprisonment for six months to one year and six months (the basic area);

3. Determination of sentence:

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