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(영문) 대전지방법원 공주지원 2013.06.28 2012고단336
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 13:00 to 14:00 on April 5, 2011, the Defendant stated that “If the Defendant lends KRW 10 million to the victim C, the principal shall be repaid after six months, and the interest shall be calculated as five copies per month, and the amount shall be paid in five hundred thousand won per month.”

However, in fact, even if the monthly income is merely one million won and the defendant borrowed money from the victim, he did not have any intention or ability to repay the principal and interest as well as the principal and interest.

The Defendant, by deceiving the victim as such, received 10 million won from the victim to the account of the defendant on the same day.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the loan certificate;

1. The pertinent provision of the criminal facts and Article 347(1) of the Criminal Act that did not recover damage to the reason for sentencing, and there is no reason to deem that the defendant made efforts to recover damage, and that the victim has suffered monetary pain due to the crime of this case, such as having the record of fines of the same kind, and the victim bears the high-rate capital interest due to the crime of this case, is disadvantageous to the defendant. The fact that the crime is not large by fraud, and is against the depth of the crime, and that there is no record of punishment heavier than a suspended sentence due to the same criminal act is favorable to the defendant

The sentence shall be determined as per Disposition in consideration of all the sentencing conditions shown in the above circumstances and the records of this case.

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

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