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(영문) 의정부지방법원 고양지원 2014.08.08 2014고단1112
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 19, 2008, the defendant made a false statement to the victim D's house located in Net City C, stating that "if the victim lends 16 million won to the victim, it shall pay 50,000 won per month interest on the total amount of 5,00 won borrowed until then, including 16 million won, and the principal shall be repaid at any time when requesting repayment."

However, the facts are not only that the defendant filed an application for individual rehabilitation with the Gwangju District Court around 2005, but also that he borrowed approximately KRW 120 million from other persons including the victim, while he did not have any property or income, even if he borrowed money from the victim due to no particular property or income, he did not have any intention or ability to repay it.

Nevertheless, as above, the defendant made a false statement to the victim and received cash of 16 million won from the victim, namely, the victim, and acquired it by deceit.

In addition, the Defendant received a total of KRW 71 million from the victim on three occasions, such as the list of crimes in the attached Table, from around that time to February 20, 2012, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of each instrument of borrowing;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. The reason for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes committed on February 20, 2012, which is the largest penalty) [the scope of recommending punishment]: General Fraud in light of the fact that a sentence is not completely agreed with a victim even though the amount of damage is not specified in the amount of damage.

However, the method and method of deception was not malicious, the interest was paid in good faith, the defendant is against himself, and the power of the same kind in the past is against him.

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