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(영문) 인천지방법원 2013.12.19 2013고단6731
사기
Text

A defendant shall be punished by imprisonment for 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

On November 12, 2012, the Defendant stated that “If a business fund is loaned KRW 20 million to the victim, the interest shall be calculated as 20% of the principal and repaid until March 31, 2012 to the victim D at the C coffee shop located at Joi-si B.”

However, the defendant did not have any particular property or income, and even if he borrowed money from the victim, he did not have any intent or ability to repay it within the agreed period.

As a result, the Defendant, by deceiving the victim, received KRW 20 million from the victim, and received KRW 5 million in total three times in total by the same method as a police officer on January 2013, and issued KRW 10 million in early February 2013 by the same method as a police officer on February 1, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act; Article 62 (1));

1. Social service order under Article 62-2 of the Criminal Act;

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