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(영문) 서울북부지방법원 2017.07.20 2017고단2040
사기
Text

The punishment of a defendant shall be eight months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around March 2014, the Defendant requires KRW 5 million from the Defendant’s office located in the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City, to D.

After one month, the full payment of KRW 5,00,000 shall be borrowed, which shall be paid 2% of the interest per month.

“The meaning was “......”

D beliefing that the horses were, around March 19, 2014, KRW 5 million at that place, as well as KRW 30 million,00,000,000,000,000,000 from that time, from July 2014, as in the list of crimes in attached Form 7.

However, at the time, the bond business operated by the defendant was difficult to operate because the bond collection is not well-grounded, and there was no particular property for the defendant, and the debt borrowed from the relative or employee in the bond business was exceeded 200 million won.

Therefore, since the principal of the existing debt and interest are difficult to pay, there was no intention or ability to repay the debt even if they have borrowed money.

The defendant got the victim D through 30 million won by deceiving the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to copies of promissory notes and transaction details inquiry;

1. Article 347 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

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. Determination of a suspended sentence under Article 62 (1) of the Criminal Act;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for up to one year and six months;

2. Decision of punishment: to recognize errors;

There are seven criminal experience in fine.

The injured party shall not be punished after partial recovery of the damage.

It is not good to commit a crime against victims who are economically difficult to do so.

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