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(영문) 인천지방법원 2016.07.22 2016고단1840
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant around April 13, 2015, at the defendant's office located in the sixth floor of the Seocho-gu Seoul Metropolitan Government C Building, the victim D who sells the credit card settlement terminal sales business, " he/she is the chairperson of the Gu E, and he/she is the chairperson of the relevant federation, who will smoothly promote the business of distributing the credit card settlement terminal distribution for the members of the relevant federation, and he/she will lend 30 million won to him/her within three months.

The phrase “ makes a false statement.”

However, there was no case in which the defendant is the chairperson, and the defendant did not have the intent or ability to repay even if he borrowed money from the victim.

On April 15, 2015, the Defendant received 30 million won from the damaged party to the foreign exchange bank account in the name of F designated by the Defendant under the pretext of borrowing money.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. Application of laws and regulations governing certificates of content, business contracts, special agreements (for next terms), payment notes, and payment confirmations;

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for criminal facts [the type of punishment] [the scope of the recommendation area] of the general fraud [the scope of the recommendation area] of the basic area, six months to one year and six months [the decision of sentencing] of the defendant, who assumes the victim "E" without any existence, enter into a contract with the victim for the distribution business of the credit card device, and borrowed 30 million won for the purpose of carrying out the business. The crime of deception, the fact that the crime of deception is not good, and the fact that the victim did not compensate the victim for the damage, etc. are disadvantageous to the defendant.

However, the sentencing conditions such as the fact that the defendant recognizes the crime, the amount of fraud is not high, the fact that the defendant has no criminal records of the same kind, the age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime are considered, and the punishment as the order shall be determined.

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