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(영문) 수원지방법원 성남지원 2016.08.12 2016고단228
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 9, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor on the charge of forging a private document, etc. at the Sung-nam support for the method of receiving the original land, and the Defendant was dismissed on January 4, 201, and the said judgment became final and conclusive on January 12, 201.

On March 19, 2009, the Defendant, at the E-office located in Songpa-gu Seoul Metropolitan Government D Building 1002, entered the victim F in the victim F.

30 million won loaned. Accordingly, a fair certificate shall be drawn up by setting up clothes that come at this time as security rights, and in combination with existing obligations, KRW 164,00,000 by June 18, 2009;

9. Until August 18, 198, the phrase “a person who will pay KRW 91,920,000 must be paid.”

However, in fact, the Defendant requires 250,000,000 won in purchase price of a product in order to purchase a well-known California-known product, but did not have intention or ability to prepare it, and even if the Defendant additionally borrows money from the injured party, 164,00,000 won in addition to the existing debt until June 18, 2009;

9. Until 18.18. there was no intention or ability to repay 91,920,000 won.

Accordingly, the Defendant, by deceiving the damaged person as such, received 2 million won in cash from the damaged person, i.e., the delivery of 20 million won in cash from the damaged person, and acquired 25 million won in cash from the SC bank account in G name, and 3 million won in cash from the H bank account, respectively, by receiving 30 million won in total from the H bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A process certificate of loan and borrowing contract in consumption prior to the installment for security for transfer (F, A);

1. A statement of account transactions (FI bank);

1. Previous convictions in judgment: The application of Acts and subordinate statutes to legal statements, inquiries about criminal history, investigation reports (abstinence of summary orders, etc.);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a sentence (comprehensive imprisonment with labor);

1. The latter part of Article 37 of the Criminal Code for concurrent crimes (Application of the sentencing criteria) provided that the reasons for sentencing of Article 39(1) are as follows: the age, sex, family relation, family environment, motive and means of the crime, and after the crime.

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