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(영문) 서울중앙지방법원 2016.08.23 2016고단2221
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 2013, the Defendant conspired with C, who is the wife of the Defendant, found it difficult to find the victim E that “the low-income level was written with the bond.”

A loan shall be repaid with a loan from a bank, etc. at the time of lending money, and a loan shall be made by the owner of the house with a loan of 50 million won and no additional loan shall be made on a deposit basis.

Inasmuch as “a person would sell even even a corner to repay” and “a person would make a false statement.”

However, in fact, the Defendant was not entitled to inquire into the lending of security deposit due to the monthly rent, and the Defendant had already been in a state of excess due to the obligation of financial institutions, etc., and thus there was no intention or ability to pay the deposit as agreed even if he borrowed money from the injured party.

In collusion with the above C, the Defendant: (a) conspired with the said C, by deceiving the victim; and (b) obtained a total of nine times from March 26, 2013 to August 8, 2013 from the victim to the victim; (c) obtained a delivery of KRW 40,280,000,000 from around August 26, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning partial examination of suspect with regard to C;

1. Statement made by the police for E;

1. Copy of the complaint and passbook;

1. Application of Acts and subordinate statutes to a report on investigation (F and currency of a witness);

1. Relevant Article 347 (1) of the Criminal Act, Article 347 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] [the grounds for sentencing under Article 50 of the General Fraud] / [the decision of sentencing from June to one year] / [the decision of sentencing] the defendant led to the confession of the crime in this case, and the defendant paid 6 million won to the victim late later, taking into account the fact that the defendant made a confession of the crime in this case, and that the defendant paid 6 million won to the victim at the latest. However, the same sentence as the order shall be determined by taking into account all the conditions for sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex behavior, environment, and conditions

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