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(영문) 수원지방법원 안산지원 2018.01.09 2017고단3227
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

1. On February 25, 2017, the Defendant: (a) lent KRW 700,000 as factory operating expenses are required; (b) lent money to the victim Q Q (70,000,000,000,000) from the P office located in Singu-si 15 Do-221, 15 Do-221, Sinung-si, 2017.

“ .....”

However, at the time, the Defendant was liable to pay the amount of KRW 150,000,00 and the amount of personal debt of KRW 100,000,00,000 or more, and the economic situation has deteriorated due to the poor operation of the Defendant’s factory and the failure to pay the rent and electricity fee, etc., and even if the Defendant borrowed money from the injured party, the Defendant

The defendant, as above, made a false statement to the victim, and he received 700,000 won from the victim immediately and acquired it by fraud.

2. On March 6, 2017, the Defendant committed a crime on March 6, 2017, in the same place as above, requires hospital expenses to be borne by the victim on March 6, 2017.

If a loan of KRW 700,000 is made, it will be paid up to KRW 700,000,000,000, including interest, from March 31, 2017.

“ .....”

However, even if the Defendant borrowed money from the injured party due to the aggravation of economic situation, such as the statement in paragraph 1, the Defendant did not have the ability to repay the money as agreed.

As above, Defendant 1 made a false statement to the victim, and he received 7 million won from the victim immediately from the victim to receive 7 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the defendant's statement of Q in the prosecutor's office interrogation protocol

1. Statement made by the police to Q Q;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations] [the grounds for sentencing under Article 38(1)2, and Article 50 of the same Act [the scope of recommendations] have no basic area (six months to one year and six months] (the person who is subject to special sentencing] [the defendant] (the decision of sentencing];

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