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(영문) 서울동부지방법원 2017.07.05 2017고단501
사기
Text

1. The defendant shall be punished by imprisonment for four months;

2. The defendant shall pay 50 million won to the applicant for compensation by deceit.

Reasons

Punishment of the crime

On August 8, 2012, the Defendant is required to develop a paper model that can be used as educational assistive materials to the victims C in Mapo-gu Seoul Metropolitan Government 203.

It is necessary to pay money to E in the same way that it is good to deliver school newsletters even through an incorporated association E with the chief executive officer.

In the case of lending KRW 50 million, the principal shall be repaid once a year, and the interest of KRW 1 million per month and KRW 1.5 million per month shall be paid.

However, in fact, the Defendant did not have any particular property and did not have economic capacity such as defaulting on taxes of about 40 million won, and even if having borrowed money as above, he intended to use it for personal purposes. There was no intention or ability to carry out the business related to the model teaching or to pay money after one year.

A person who was accused of the crime was accused of the victim on August 24, 2012 by deceiving the victim, and received the remittance of KRW 50 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C Statement Protocol Acts and subordinate statutes

1. Provisions of Article 347 (1) of the Criminal Act, and selection of punishment by imprisonment;

1. The sentencing guidelines set forth in Articles 25(1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Proceedings are based on the sentencing guidelines. However, interest of KRW 1 million and KRW 1,500,000 per month, which the victim was to receive until the maturity of payment after the year, are KRW 30,000 per year, and the principal is simply calculated at an interest rate of KRW 50,00 per annum.

Such an agreement on deemed interest of high-income which has no choice but to have a risk of implementation.

There is a certain degree of "responsibility for the occurrence of crime to the victim" provided for as mitigation factors among the special sentencing factors for frauds.

In light of the foregoing, the lower limit shall be mitigated, and as the victim recognizes, the principal sentence shall be determined in consideration of the circumstances in which 15 million won was paid at interest and monthly salary, as well as the circumstances in which 15 million won was paid. However, as the defendant recognizes, he/she shall be punished by a penalty for

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