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(영문) 서울동부지방법원 2016.07.05 2016고단239
사기
Text

A defendant shall be punished by imprisonment for four 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

On August 201, 201, the Defendant was a package customer of the victim D operation in Seocho-gu Seoul Metropolitan Government (Seoul Seocho-gu) and “Is much real estate in Korea, and applied for a loan as security.

The term "to pay off money from the lending of money" was called as "to pay off money."

However, there was no real estate owned by the Defendant, and even if the Defendant did not apply for a loan as security, and did not borrow money from the injured party due to the absence of any other property, the Defendant did not have any intention or ability to complete the loan.

The Defendant, as above, was issued KRW 11,819,100,00 in total over 20 times, from the time to January 4, 2012, including by deceiving the victim and being given delivery of KRW 150,00 from the victim on September 15, 201, by the same method until January 4, 2012.

2. The Defendant related to food was provided with alcohol and food equivalent to KRW 40,00 from around September 9, 201 to around January 20, 2012 in the same manner, including that he/she had been provided with alcohol and food equivalent to KRW 40,00 from the injured party, even though he/she did not have an intent or ability to complete the payment even if he/she had drinking and food on the package for the operation of the said victim, and received the delivery of alcohol and food equivalent to KRW 2,984,00 in total as shown in Table (2) of the Crimes List in the same manner.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's partial statement of the police protocol on the interrogation of suspect D to the defendant, including the investigation report (the accused's statement of the excursion ship), accusation statement, loan certificate, explanatory statement, deposit certificate, deposit confirmation document, details of passbook transaction, investigation report (to hear the accused's statement)

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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 suspended execution;

1. The reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation include the criminal records of the same kind of crime and the criminal records that have been punished several times.

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