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(영문) 서울북부지방법원 2013.07.25 2010고단3198
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2006, the Defendant made a false statement to the effect that “C”’s agent for skiing goods located in Ischeon-si B, the Defendant would pay 400,000 won, which is the interest of 0.8% per month, and until the end of March 2007, if the Defendant borrowed 50,000 won as the money to be invested is insufficient to operate the skiing goods lending store.”

However, the Defendant did not have received clothes operated at the time, and did not pay the credit card usage fee incurred in 2005, and her mother did not have any property owned by the Defendant, such as investing in the skiing goods shop with the credit card, and there was no intention or ability to pay the money on the agreed date even if the Defendant borrowed money from the Defendant.

Nevertheless, the defendant deceivings the victim as above and obtained 50 million won as the borrowed money from the victim on the same place.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A protocol concerning the interrogation of suspects of E;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes of the table of the request for non-trade details;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( comprehensively considering various circumstances, including the fact that agreement is made with the victim and that there is no criminal record other than the fine);

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