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(영문) 대전지방법원 홍성지원 2015.11.27 2015고단954
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who operates the Ka Center in the name of “C” in the Chungcheongnam-Nam budget group B.

On April 16, 2013, the Defendant made a false statement to the victim F that “If the Defendant borrowed KRW 50,000,000 from the lack of operating funds to operate the Car Center, it would pay interest of KRW 3,00,000 per month to the victim F within one year.”

However, in fact, the Defendant was planned to use some of KRW 50,00,000 borrowed from the victim to pay personal debts, not operating expenses of the Ka Center, and at the time the 43,000,000 won was fit for the operation of the Ka Center. Since the Defendant was liable for the personal debts of KRW 220,000,000,000 or more, the Defendant did not have any intent or ability to pay the said amount even if he borrowed KRW 50,000 from the victim.

As above, the defendant deceivings the victim as above, 29,911,000 won on the same day from the victim, and the same year

4. 25. Minority: 10,000,000 won, and the same year.

5. Around January 1, 200, KRW 10,000 was remitted to the national bank account (G) in the name of the criminal defendant as a loan and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of interrogation of the accused (including F's statement)

1. The police statement concerning F;

1. Application of Acts and subordinate statutes governing financial transaction confirmation, H claim, certificate of automobile lease contract, written estimate, and content certification;

1. The reason for sentencing of Article 347(1) of the Criminal Code of the pertinent statutory provisions on criminal facts [the scope of recommending punishment] General Fraud and No basic area (6-100 million won or less) (6-100 million won or less) [the decision of sentencing] [the decision of sentencing] imprisonment with prison labor for six months or more, the fact that the defendant was the first offender who had no record of criminal punishment, etc., was considered as favorable to the defendant.

However, even though the amount of damage caused by the Defendant’s crime of this case is a large amount of KRW 50 million, the Defendant did not agree with the victim without recovering the damage.

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