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(영문) 인천지방법원 2014.04.22 2013고단5848
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 7, 2013, the Defendant: (a) provided false statement to the victim E and the victim F that “In order to import a domestic remote area directly located in the Nam-gu Incheon Metropolitan City, the Defendant has already leased the storage of the remote line shop and the warehouse to G. In order to import a remote area, two containers for the transportation of the remote line are necessary; and (b) the lease cost is 10 million won per unit; (c) if the Defendant borrowed money, the Defendant would necessarily pay money within 20 days from the revenue business of the remote area.”

However, the defendant did not borrow a warehouse from G, and there was no intention to rent a container for the transportation of the imported remote area, and there was no intention or ability to repay the money borrowed from victims through the import business of the remote area.

Nevertheless, the Defendant received KRW 5 million from the victim E on March 7, 2013, and KRW 9 million on April 1, 2013, from the victim F, and KRW 4 million on March 21, 2013, and KRW 2 million on April 1, 2013 from the victim F.

Accordingly, the Defendant, by deceiving the victims, received the total of KRW 14 million from the victim E, and the total of KRW 6 million from the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. E statements of the police suspect interrogation protocol of the defendant

1. Statement to E by the police;

1. Rent, loan certificate, account transaction details, certified copy of the register, credit information inquiry, and taxpayer fees;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (Submission of suspect credit data, etc.);

1. Article 347 (1) of the Criminal Act and the choice of punishment comprehensively with respect to the facts of crime, each of them shall be subject to the applicable provisions and the choice of punishment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: Fraud to victims E [the scope of recommendations] fraud, fraud, general fraud, type 1 (less than KRW 100 million) and basic area;

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