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(영문) 청주지방법원 2017.12.14 2017고단1218
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 20, 2015, the Defendant agreed to subscribe to the No. 2, No. 3, and No. 7, and No. 1/2 of the previous 200,000 won to the victim E at “D cafeteria” located in the area of Cheongju-si, Cheongju-si, between the victim and the victim E, and the 10,000 won of the previous 13 unit of the previous 13 unit of the previous 13 unit of the previous 10,000 won and the number of the previous 10,000 won shall be determined and the number of the previous 10,000 won shall be determined as the number of the previous 1 unit of the previous 13 unit of the previous 10,000 won, and the Defendant agreed to pay the monthly 2 million won to the victim.

However, in fact, the Defendant had already been paying the debt with the borrowed money in excess of the amount equivalent to KRW 250,000,000, and thus there was no intention or ability to pay the borrowed money within the agreed period even if the Defendant received the borrowed money.

Nevertheless, as such, the Defendant, as if he were to pay a normal fraternity, was accused of the victim, and was given KRW 20 million in total, including KRW 10 million on May 20, 2015, and KRW 10 million on June 20, 2015, from the victim under the pretext of the guidance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the 13rd fraternity register of KRW 10 million;

1. The grounds for the sentencing of Article 347 (1) of the Criminal Code of the pertinent Article on the crime [the scope of the recommended punishment] [the grounds for the sentencing of imprisonment] of Article 347 (1) of the Criminal Code on the crime [the scope of the recommended punishment] No person who does not have a special sentencing person] (the decision of sentencing is made from June to January 6] of the basic area (the special sentencing person] [the decision of sentencing] of Article 51 of the Criminal Code, there are no criminal records exceeding the same kind and fine, the fact that there is no criminal records going late after the crime, the fact that the person surrenderss himself/herself, and there is no favorable circumstances, such as the fact that he/she does not yet compensate for damage, and the fact that he/she has not yet been able to do so, and the fact that he/she was temporarily dead immediately after the receipt of the defrauded, the sentencing guidelines is set by taking into account all the kinds

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