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(영문) 서울중앙지방법원 2017.11.28 2017고단4677
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant around November 26, 2007, at a D cafeteria located in Gangnam-gu Seoul Metropolitan Government on November 26, 2007, he/she shall import and sell the head and leader to the victim E.

To lend 30 million won due to the shortage of money, the owner of a thing will pay the principal without a mold and pay interest of 13 million won after the second month.

“A false statement was made to the effect that it was “.”

However, the defendant did not have any particular property or income, and the pension project promoted at the time did not have any profit-making situation, and even if he borrowed money from the injured party, there was no intention or ability to pay the principal and interest of KRW 13 million after two months.

Nevertheless, the Defendant was paid KRW 30 million to a new bank account in the name of the Defendant on the same day as the loan money from the injured party, making a false statement as above, and received additional KRW 1.5 million on December 31 of the same year.

Accordingly, the Defendant acquired a total of KRW 31.5 million from the damaged person on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made to the defendant in the protocol of interrogation of the suspect;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing receipt of a complaint and receipt of cash custody;

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

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;

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