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(영문) 인천지방법원 2019.11.28 2018고단8874
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant did not lend money to the Fund Investment and EF employees to the victim B, and was thought to use money for living expenses, such as clothes purchase, etc. by lending money from the victim because there was no special fund.

Nevertheless, around April 10, 2013, the Defendant: (a) obtained KRW 2,00,000 from the victim and acquired KRW 86,00,000 in total by the same method 19 times in total from July 15, 2013, from the time to July 15, 2013; (b) obtained KRW 86,00,000 from the victim by means of the same method as indicated in the attached crime list, by stating that “I would increase the amount of money borrowed if I would lend money that I would like to make a fund.”

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. B statement of the police suspect interrogation protocol against the defendant

1. Each police statement concerning B;

1. Investigation report (componating details of the account in the name of a suspect);

1. Application of the Acts and subordinate statutes on the loan certificate, certificate of deposit without passbook, and specification of passbook transactions;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts, Article 347(1) of the choice of a sentence, and Article 347(1) of the Criminal Act, and the reason for sentencing of imprisonment with prison labor, even though the amount of damage caused by the instant crime exceeds 86 million won, no damage has been recovered. In light of the circumstances unfavorable to the Defendant that the Defendant escaped without attending the trial, the Defendant shall be sentenced to punishment as set forth in the

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