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Reasons
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(영문) 청주지방법원 2015.09.25 2015고단1007
사기
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A defendant shall be punished by imprisonment for nine 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

On October 2009, the Defendant made a false statement that “The Defendant would pay 10,000 won interest at KRW 50,000,000 to KRW 1,000,000,000,000,000,000,000 won and KRW 302,000,000,000 won and KRW 712,000.”

However, the Defendant did not have any intention or ability to repay the money even if the Defendant borrowed the money from the victim because the Defendant had no special property and continued to increase the loss while running the business.

The Defendant received 6,00,000 won from the victim from November 2008 to December 2 of the same year as the borrowed money.

In addition, the Defendant received a total of KRW 66,100,000 from the victim on 1111 occasions as stated in the attached list of crimes from the above date to January 5, 2015.

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

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol of the accused (including the contents written in D)

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. A written statement of D (Evidence Nos. 8);

1. Application of the law regarding the details of transactions, “documents, such as chassiss and specifications of transactions,” and

1. Article 347 (1) of the Criminal Act by universal title with respect to the relevant criminal facts;

1. Selection of imprisonment with prison labor chosen;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The sentencing guidelines set forth by the Sentencing Committee for the crime committed by the accused by deeming that the victim does not want the punishment of the accused and constitutes a case where the victim committed repeatedly over a considerable period of time, are set forth in the sentencing guidelines from six months to one year and six months;

1. Type 1 (less than KRW 100,00) is the basic area for general fraud.

The defendant has the same criminal records and has committed repeatedly over a considerable period of time.

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