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(영문) 수원지방법원 안양지원 2015.07.16 2013고단1218
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On April 209, the Defendant made a false statement to the effect that, at the Seocho-gu Seoul Metropolitan Government E and 1st (ju) F Office, the Defendant lent money to the victim of the Seocho-gu, Seocho-gu, Seoul Metropolitan Government E and 1st (ju) Office through the Internet hosting and the Plaintiff during the course of hosting through the NAN website, “In order to carry on the entertainment room business at home” and that, at the same time, the Defendant would return the principal and pay 15% out of the profits. If the principal is not repaid within one month, the Defendant would return the principal on behalf of his father.”

However, even if the defendant borrowed the above money from the victim, he did not have the intent or ability to pay the principal and the profits to the victim.

As such, the Defendant, by deceiving the victim as such, stated the facts charged in the facts charged around May 20, 2009 as “ around May 13, 2009,” but according to the statement of a copy of the certificate of borrowing money (as of May 20, 2009) (as of May 20, 2009), appears to have received remittance from the victim “ around May 20, 2009.”

As long as it seems that there is no concern about substantial disadvantage to the defendant's exercise of the defendant's right to defense, it shall be revised as the main sentence

The Defendant’s father G was transferred KRW 39,015,300,000 (the amount exchanged in 3 million per day) to the bank account of the Republic of Korea in which the Plaintiff’s father G is the representative director.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement C and G of the suspect examination protocol of the accused by the prosecution;

1. Statement of the police officer with HC (No. 2);

1. An investigation report (a copy of a bankbook, such as a business plan, I, etc.);

1. Application of Acts and subordinate statutes to a copy of a document for borrowing money (No. 3);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Articles 32 (1) and 25 (3) 3 (Article 25 (3) 3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Lawsuits;

1. The scope of punishment by law: Imprisonment with prison labor for one month - ten years;

2. The sentencing criteria; and

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