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(영문) 서울북부지방법원 2017.01.13 2016고단4263
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From June 2010 to June 2010, the Defendant had approximately KRW 800 million assets in the future of the Defendant while he was dead with the Victim C.

It made the victim trust by means of lending from around September 2010 to around KRW 300,00 to KRW 10 million on several occasions, and making the victim repaid immediately.

After January 11, 201, the Defendant tried to purchase the right to receive new stocks of the gold-free industry from the victim in the Buddhist land.

Next, the following states made a false statement to the effect that "a credit card loan may be granted to the maximum amount because it can be repaid."

However, in fact, the Defendant invested in real estate with money borrowed from the lending company from around 2010 to the lending company, but it was also difficult to pay interest. The Defendant did not have any intent or ability to pay the money even if he borrowed money from the damaged party, because the lending company and credit card company did not have any good property status to receive the marriage plaque, etc. in the form of remaining debt amounting to KRW 10 million, and even if he borrowed money from the damaged party, the Defendant had no intention or ability to pay the money. Furthermore, even if he borrowed money from the damaged party, the Defendant was merely intended to use the money for personal expenses and debt repayment, etc.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 3 million from the victim on January 11, 2010 as a loan from the victim; and (c) from that time until April 1, 2013, the Defendant received the total amount of KRW 48,290,569, or acquired the pecuniary benefits, from that time, from that time until April 1, 2013, as shown in the list of crimes attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of recommendations] type 1 (100 million won).

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