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(영문) 서울중앙지방법원 2017.03.16 2017고단40
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 2008, the Defendant borrowed money from the victim C to the victim in the Buddhist land of Japan or lower around September 2008. The Defendant would have repaid money to the victim C without any mold after the two years of age.

To pay 10,000,000 per month interest.

First of all, it was false to the effect that 100,000 U.N.’s interest is 10,000.

However, the Defendant was unable to receive approximately KRW 150,00,00 from June 2, 2008 to July 2, 2008 due to the Defendant’s failure to receive the advance payment equivalent to KRW 1.50,000,00, which was paid to the female employees of the entertainment establishments operated by the Defendant at the time, and it was difficult to carry out economic circumstances to the extent that the said entertainment establishments’ business was terminated. In order to be forgotten with the depression at the time, there was a debt of KRW 300,00,000,00,000 without any special property, and even if the Defendant borrowed money from the damaged person, there was no intent or ability to repay

The Defendant: (a) by deceiving the victim as above; (b) obtained 900,000 UN ( approximately KRW 9,639,180,000 at the time) except for the interest of 100,000,000, from the victim as a loan from the victim; and (c) acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (not less than the amount of fraud, but less than the amount of fraud, the weak criminal intent is, and the same kind of crime is first committed, etc.);

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