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(영문) 의정부지방법원 고양지원 2014.04.11 2013고단2403
사기
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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

Around July 15, 2008, the Defendant was transferred from the victim to the Defendant’s post office account (D) of KRW 50 million on the same day, on the following grounds: (a) the Defendant had a debt equivalent to KRW 400 million at the time, while he/she borrowed money from the victim C with no particular income or property, despite having no intention or ability to return the principal and interest within six months; (b) the Defendant provided the victim with real estate consulting, if he/she borrowed money from the other party to make an investment in real estate, he/she would pay the principal plus interest of KRW 50 million at the rate of 2% per month after six months if he/she borrowed money from the other party to real estate.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on deposits without passbook;

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

1. Article 62 (1) of the Criminal Act;

1. Sentencing guidelines for sentencing under Article 62-2 of the Criminal Act of the community service order: Fraudulent crimes, general fraud, the basic area of type 1 (less than 100 million won), six months to six months of imprisonment, or one year and six months disadvantageous circumstances: A favorable circumstance in which the victim of the victim's sexual appearance acquires 50 million won from the victim of the victim's sexual appearance to repay other debts and does not completely recover from damage for more than five years: The victim's criminal intent is not strong, and the defendant has no record of being punished for the same kind of crime, and other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct

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