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(영문) 서울중앙지방법원 2017.09.15 2016고단3240
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 17, 2014, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Central District Court, and on July 25, 2014, the said judgment became final and conclusive.

1. On March 29, 2010, the Defendant against the victim B, on March 29, 2010, borrowed money from D department stores No. 13:0 to the victim B in Gangnam-gu Seoul Metropolitan Government, “The Defendant shall receive time deposits from the victim B by the end of July 2010, if he/she lends money to the director, etc. to the victim B.

“A false representation was made.”

However, in fact, the Defendant did not have any property and occupation in bad credit conditions, such as the Defendant’s debt amounting to approximately KRW 300 million, and did not have any intent or ability to pay the credit amount even if the Defendant borrowed money from the injured party because it was not possible to receive the time limit for payment within three months.

On March 29, 2010, the Defendant received delivery of KRW 20 million, and KRW 39 million on April 26, 2010, to the foreign exchange bank account in the name of the Defendant.

2. The Defendant against the victim E, on February 21, 2014, lent KRW 30 million to the victim E from the Gangnam-gu Seoul, Gangnam-gu Seoul, to use it for about 20 days and return it.

“A false representation was made.”

However, the Defendant did not operate “G” and did not have any intent or ability to repay money from the damaged party, even if he did not borrow money from the damaged party in bad credit condition.

On February 21, 2014, the Defendant was issued KRW 30 million to the bank account in the name of H on February 21, 2014.

Summary of Evidence

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

1. Statement made by the police with respect to E and B;

1. A detailed statement of deposit;

1. Details of remittance;

1. Previous convictions: Inquiry about criminal history, report on investigation (verification during the period of probation of suspects), and application of the text of the judgment (No. 2014 No. 1733)

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

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.

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