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(영문) 서울동부지방법원 2013.09.13 2013고단136
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, around August 10, 2012, at the D Printed Office operated by the victim C in Gangdong-gu Seoul Metropolitan Government (Seoul) around August 10, 2012, concluded that “The Defendant accepted the singing and carried out a business with other persons in a singing room in Gangdong-gu Seoul Metropolitan Government, and had the other persons run the singing room.” On the other hand, if the money falls short of the money, the Defendant accepted the singing room after 15 million won, and then, he would return 1,500,000 won as interest from the revenue of the sold, together with the principal.”

However, even if the Defendant borrowed money from the victim, he did not have the intent or ability to pay the principal and interest until the agreed date, and there was no other property in the name of the Defendant, and there was no other ability to repay the money borrowed from the victim.

As such, the Defendant, by deceiving the victim, received KRW 2.5 million on August 10, 2012 from the victim’s agricultural bank account (Account Number E) under the name of the Defendant, and acquired KRW 15 million on the 13.12.5 million on the 13.5 million on the 15.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement of the police statement regarding C;

1. Application of a copy of a bankbook, a certificate of details of entry and withdrawal, and each investigative reporting statute;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Although the damage amount of reasons for sentencing under Article 62(1) of the Criminal Act is not large in itself, considering the circumstances of the victim, such as the victim appears to have been paid money with a Masp loan, the damage result cannot be deemed to be negligible, and the amount equivalent to the amount of the Masp loan can be deemed to have been used for gambling. However, even if the criminal intent is not good, the defendant shows an attitude against himself/herself when the argument of this case is concluded, and the fact that the defendant reached an agreement with the victim on August 22, 2013 is considered as favorable.

The age, character and conduct, environment, criminal record and violence of defendants.

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