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(영문) 서울북부지방법원 2020.04.22 2019고단5213
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 June 21, 2018, the Defendant made a false statement to the victim D, who was informed of the fact that the Defendant was introduced from D, i.e., a closing factory operated by the Defendant in Gangnam-gu Seoul, Seoul, stating that “If the Defendant loaned KRW 25 million, the Defendant would pay interest of KRW 1.7 million per month, and shall repay the principal by the second month after the payment. If the Defendant has paid money, the amount of interest of KRW 1.7 million per month shall exceed KRW 3 million per month and the amount of interest of the above factory shall be paid up to KRW 7 million per month.”

However, at the time of fact, the Defendant had a debt equivalent to approximately KRW 120 million on the other hand, while there was no particular property and most of the monthly income KRW 200-3 million were paid as interest of other obligations, and the above factory machinery, which is a security, is in a situation where the seizure from other creditors is faced with the situation where the above factory machinery, which is a security, is faced with the situation where the seizure from other creditors, and there was no intention or ability to pay the lease deposit even if the lease deposit was used for money from the victim.

around June 22, 2018, the Defendant received KRW 25 million from the victim to the Suhyup Bank Account (E) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of corporeal movables, attachment report by bank specification of transactions), investigation reports (to attach a copy of notarial deed and hearing reports on the F phone statement by reference person);

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act include: (a) the recognition of the defendant's mistake and reflects against himself; (b) the victim is not subject to the punishment of the defendant; (c) the defendant exceeds a fine or has no criminal record of the same kind; and (d) the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime; and (c) the

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