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(영문) 서울중앙지방법원 2015.04.17 2014고단4686
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 17, 2010, the Defendant borrowed 206 Ebenz S500 car to the victim D (Nam and 36 years of age) as security at the coffee shop near Gangnam-gu, Seoul, and received 7020,000 won from the victim to the account in the name of F and 21480,000 won from the account in the name of G.

However, at the time, the defendant did not intend to offer the above car as security to the victim, and even if he borrowed money from the victim, there was no intention or ability to repay it.

Accordingly, the defendant acquired a total of 28.5 million won from the victim.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes concerning details of transactions;

1. In light of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] general fraud [the decision of sentence] and the basic sphere (6 to 100 million won) (6 months) [the decision of sentence] of the crime of this case, the punishment as set forth in the order was determined, taking into account the following: (a) the background and contents of the crime of this case; (b) the degree of damage; (c) the Defendant’s attitude toward the victim after the crime of this case; and (d) the Defendant’s payment of 60

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

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