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(영문) 인천지방법원 2016.04.28 2015고단6958
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who registered under the husband's name and has been engaged in a loan business.

On September 3, 2013, the Defendant told the victim E to the effect that “The principal shall be paid at 13% per annum on a loan of KRW 20 million, and the principal shall be paid by September 3, 2014.”

However, in fact, even if the Defendant had been engaged in a loan business from around 2008, but failed to recover 300 million won, was in short of the ability to repay the principal and interest of the loan from the previous owners, and even if she borrowed money from the victim, she is considered to be used as the repayment of debts to the existing creditors, living expenses, settlement of home shopping, etc., and even if she again borrowed money from the damaged party, she did not have any intent or ability to pay the above interest or to repay the principal.

Nevertheless, on September 3, 2013, the Defendant: (a) by deceiving the victim; (b) obtained money from the victim to the corporate bank account in the name of the Defendant on September 3, 2013 from the victim; and (c) obtained money from the victim under the name of the Defendant as a gold; and (d) obtained money from July 25, 2014, all of which were 1.5 million won through six occasions as shown in the list of crimes in the attached Table from July 25, 2014, and acquired it as a gold

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of examination of the suspect against the defendant by the prosecution (including the E statement part);

1. Statement made by the police for E;

1. A complaint;

1. Detailed statement of transactions by account;

1. Application of Acts and subordinate statutes on a fair deed;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing of selective sentence of imprisonment [the scope of recommending sentence] General Fraud (one to four years) in the basic area (one to four years) of types (one hundred million won or more, or less, and less than five hundred million won) [no person subject to special sentencing] [Determination of sentence] that a defendant acknowledges and reflects a crime], the defendant did not recover damage after a considerable period of time has elapsed under favorable circumstances, and the defendant has the same record of punishment.

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