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(영문) 서울서부지방법원 2016.01.14 2015고단2251
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 29, 2011, the Defendant called the victim D (V, 63 years of age) at the Defendant’s residence in Mapo-gu Seoul Metropolitan Government, Mapo-gu, Seoul, for “Ack-si business,” and provided the victim D with a license to temporarily use the project funds, thereby making a loan to the Plaintiff with a license to pay off the subscription money.

“False speech” was made.

However, the Defendant had a view to repaying the principal and interest of the so-called debt repayment due to the lack of money, and the Defendant had a view to or ability to repay the borrowed money from the damaged party due to the lack of any income, such as benefits and time-based loans, from several creditors during the several years. The Defendant had no intention or ability to repay the borrowed money from the damaged party due to the lack of any income such as benefits and time-based loans.

Ultimately, the Defendant, as seen above, by deceiving the victim and receiving KRW 10 million in cash from the victim’s residence on May 31, 201, as well as by April 8, 2014, the Defendant received a total of KRW 170 million in total over 18 times, as indicated in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of all Acts and subordinate statutes, such as a complaint;

1. The grounds for sentencing [the scope of recommending punishment] of Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the Selection of Punishment Act [the scope of recommending punishment] The basic area (1 to 4 years) of types 2 (100 million won or more, and less than 500 million won) [the sentence] [the decision of sentence] the amount of damage in this case exceeds 170 million won, and the victim paid some money under the name of interest, etc. as well as the victim did not recover from damage, it is inevitable to sentence the defendant with a sentence in light of the circumstances where the injured person wants to escape the defendant's severe punishment.

This is that there is no criminal history of the defendant, and reflects his/her wrongness, and the circumstances of the crime are not maliciously visible, and the elderly health status is not good.

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