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(영문) 청주지방법원 2017.08.10 2017고단397
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2013, the Defendant was sentenced to four years of imprisonment for fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on the 20th of the same month.

On October 22, 2011, the Defendant loaned money to the victim H at the “G” restaurant operated by the Defendant of the Yeongdeungpo-gu Seoul Metropolitan Government F Defendant’s Defendant around October 2, 201, to the victim H.

B. A loan to B shall be made only for 10 days from 7 days to 10 days, and the interest shall be paid from 4% to 10%.

여윳돈이 있으면 돈을 빌려 달라.’ 는 취지로 거짓말을 하였다.

However, in fact, the Defendant had no property at the time, and since around 2007, the Defendant did not appropriately recover the credit against the merchants, and the Defendant began from around 2010 to receive the loan, and the accumulated debt with a high interest interest from others came to reach KRW 50 million and borrowed money from another person, and thus, the Defendant did not have any intent or ability to pay the loan normally even if he borrowed money from the damaged person, by borrowing money from another person.

On October 22, 2011, the Defendant: (a) by deceiving the victim; (b) received KRW 9,450,000 from the victim to the corporate bank account in the name of the Defendant; and (c) received a total of KRW 289,680,000 from the victim H and the victim I for 31 occasions, as indicated in the attached crime list, from around that time to November 26, 2011.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to I and H;

1. Details of each damage;

1. Previous records of judgment: Inquiry into criminal records, investigation reports (report on binding of criminal records of the same kind related to the suspect), and application of each of the written judgments;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The Criminal Act dealing with concurrent crimes;

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