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(영문) 서울남부지방법원 2013.09.27 2013고단1414
사기
Text

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

However, 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

The Defendant, at the victim C’s house located in Yeongdeungpo-gu Seoul Metropolitan Government on February 2, 2010 through April 4, 2010, concluded that “The period of lease of a public relations hall operated in Yeongdeungpo-gu Seoul Metropolitan Government D is terminated, and the public relations center is operated on three floor of the Frant located in Yeongdeungpo-gu Seoul Metropolitan Government E, and the Defendant borrowed money for opening business, such as a public relations hall down payment and the test fee, and punished a lot of money in the course of operating the public relations center even before the payment, and if he/she borrowed money, he/she would repay the money from May 6, 2010 to pay KRW 50 and the profits of the public relations center.”

However, in the course of operating the public relations center in Yeongdeungpo-gu Seoul Metropolitan Government D, the Defendant did not obtain any specific profit by imposing approximately KRW 15,00,000 on the Defendant’s obligation, and even if operating the public relations center on the third floor of the Frant in Yeongdeungpo-gu Seoul Metropolitan Government, it was uncertain whether the Defendant could obtain profit. Around that time, even if the Defendant borrowed money from the victim due to a lack of certain property or particular income, it did not have any intent or ability to pay the victim KRW 50,000,000 and the victim

As above, the Defendant, by deceiving the victim as above, received KRW 31,50,000 in total from February 2, 2010 to April 2012 from the victim as the loan money several times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act do not have the record of being punished for the same crime, and the punishment as the order shall be determined by taking into account the following factors: the confession of the crime in this case; the size of the amount of damage; the background, means, methods, and results

It is so decided as per Disposition for the above reasons.

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