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(영문) 인천지방법원 2018.12.20 2018고단4614
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 30, 2013, the defrauded of the borrowed money: (a) around October 30, 2013, the Defendant was the victim’s house of the victim C, who was aware of the usual hall located in B at Sinung-si on October 30, 2013, with the victim “a number of buildings and land inside.”

The interest on the loan of money shall be 15% per annum and shall be paid by the principal and interest repayment method every month.

“The phrase “ was false.”

However, the Defendant, at the time, tried to use the money borrowed from a lending company, etc., as a means to prevent the victim from returning the interest, etc. on an existing obligation, even if he/she borrowed money from a lending company, etc., and the amount of money borrowed from a bank exceeds KRW 150 million, but did not have any intent or ability to repay the agreed principal and interest to the victim.

The defendant deceivings the victim as above and was transferred KRW 5 million to the account (E) in the name of the defendant at the time of the above day from the victim.

2. On February 5, 2014, the Defendant made a false statement to the effect that “Around February 5, 2014, the Defendant shall have contacted the victim at an influent place, and that “I will have to repay the loan with a maturity of KRW 15 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

However, the defendant did not have any intention or ability to pay the damages more than three days even if he/she borrowed the additional money from the damaged person in a debt situation like the preceding paragraph.

The defendant deceivings the victim as above and was transferred to the above account in the name of the defendant at the time of the above-mentioned day from the victim.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against C;

1. A criminal investigation report (to be accompanied by data submitted by a complainant);

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., sentencing in consideration of the following factors) [the scope of recommendation] general fraud area (i.e., one hundred million won or less) mitigated (one month or one year or more).

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