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(영문) 전주지방법원 2017.11.08 2017고단1107
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2014, the defendant tried to start a funeral service for the victim E as there is no place to engage in funeral services in the original state.

In the case of lending KRW 40 million, the interest rate of KRW 1 million per month shall be paid and the amount of money shall be paid from June 30, 2015 until June 30, 2015.

“The victim is believed to be “,” and the victim is believed to have lent money to reliance on what he/she is, and as a result, the victim may receive a miscarriage from his/her her friendly money.

The apartment house with a maximum of 300 million won has one bonds, and if it is impossible to pay the money, it shall not be able to directly reside in the place or to pay it.

“The victim was aware of the fact that the victim was the victim.”

However, in fact, while the defendant had a debt equivalent to 30 million won at the time, there was no miscarriage, and there was no apartment house equivalent to 300 million won, and there was no intention or ability to repay the debt properly even if he borrowed money from the damaged party.

Around November 12, 2014, the Defendant: (a) by deceiving the victim as above; (b) obtained four copies of the KRW 4,000 Check from the victim as the borrowed money from the above public relations center to the victim; and (c) fraudulently acquired it from the victim.

Summary of Evidence

1. Statement by the defendant on the second public trial date;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Inquiry about the details of liquidity transactions;

1. Details of issuance of check before oneself;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general frauds of Type 1 (less than KRW 100 million) and the basic area (from June to one year and six months) (no person who is subject to special sentencing];

2. Circumstances favorable to a decision of sentence: the defendant commits the instant crime;

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