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(영문) 서울남부지방법원 2018.05.23 2017고단4931
사기
Text

Defendant shall be punished by a fine of seven million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant around November 1, 2016, at the “C” coffee shop located in Guro-gu Seoul Metropolitan Government around November 1, 2016, prepared a kimchi factory by receiving loans from the Korea Technology Finance Corporation.

H In order to allow the Korea Technology Finance Corporation to get a large amount of loans that it needs by requesting a member of the National Assembly, the Korea Technology Finance Corporation shall pay 10 million won as much as it is necessary. It will be possible to grant a loan to a member of the National Assembly.

“False speech was made to the effect that it was “.”

However, the defendant thought that the above money was used for personal debt repayment or living expenses, etc., so even if he received the above money from the injured party, he did not have the intention or ability to make the money available to the injured party through member of the National Assembly.

Nevertheless, the Defendant, by deceiving the victim as such, received money from the victim to the E account under the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the second public trial records;

1. The written statement of the defendant;

1. Statement made in D in a protocol concerning the examination of the police officers against the accused;

1. Statement made by the police against D;

1. A complaint filed for DNA preparation;

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

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (the point of fraud and the selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, with the reason of sentencing under Article 334(1) of the Criminal Procedure Act, committed a crime of the same kind of fraud, repeated a crime even though he/she had a record of suspended execution and criminal punishment of a fine.

Furthermore, the defendant committed the crime of fraud without being aware of the fact that he was under probation due to the crime of fraud at the time of the crime of this case.

In light of the law and contents of the crime, there is a high possibility of criticism and did not agree with the victim.

Considering the above unfavorable circumstances, the defendant should be punished with strict punishment.

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