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(영문) 의정부지방법원 2014.01.13 2013고단4138
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 12, 2011, the Defendant issued a total of KRW 53 million over 20 times, as shown in the list of crimes in the attached Table, to the effect that “The husband operates several cabs in South and North Korea. If her husband lends money that is necessary to purchase additional vehicles, he/she would return in one month,” and that he/she received KRW 2 million from the victim, that is, he/she received from her seat, and that he/she received KRW 53 million from July 17, 2012, as shown in the list of crimes in the attached Table.

However, at the time, the Defendant had been urged to repay the debt amounting to KRW 80,000,000 and required to pay the debt, and even if her husband did not operate a branch-in taxi, her husband belonged to other borrowed purposes, such as deceiving the victim, and even if her husband borrowed money from the victim, her husband did not have any intent or ability to repay the loan at the time due to the lack of income.

As above, the Defendant deceptioned the victim and acquired 53 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of interrogation of the accused (including the interrogation and D's statement);

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. Article 347(1) of the Criminal Act applicable to criminal facts, Article 347(1) of the choice of punishment, and Article 347(1) of the Criminal Act (Fraud), the reason for sentencing of sentencing of imprisonment with labor for the defendant does not agree with the victim and does not make efforts to change the damage, under unfavorable circumstances, the defendant is the primary offender, and the facts that the defendant is aware of and reflects the crime shall be considered under favorable circumstances. The punishment shall be determined within the scope of recommended sentencing guidelines by comprehensively taking into account all the factors such as the method and result of the crime in this case, circumstances after

It is so decided as per Disposition for the above reasons.

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