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(영문) 수원지방법원 성남지원 2015.01.28 2014고단2291
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

around March 2, 2011, the Defendant: (a) at the home of the victim D in Gangdong-gu Seoul Metropolitan Government 101; (b) at the time, the sum of the loans and debt owed to the bank at the time was at least KRW 50,000,000,000; and (c) there was no intention to purchase the dysium due to the lack of experience in the dysium; (d) even if the Defendant borrowed money from the victim under the name of the purchase price for the dysium, the Defendant was merely the intent to use the dysium in the cost of living, such as interest on the dysium and credit card payment; and (e) did not intend to purchase the dysium at the construction site and to purchase the dysium at the dysium; (e) despite the absence of the intention or ability to fully repay the dysium by purchasing the dysium, the Defendant borrowed the dysium in the name of Defendant 31.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Article 62 (1) of the Criminal Act;

1. Although there was no agreement with the victim on the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant partially repaid the amount of money to the victim; (b) the Defendant’s time of committing the instant crime; (c) the Defendant has no criminal power; and (d) other various conditions attached to sentencing as indicated in the records, such as the Defendant’s age

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