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(영문) 의정부지방법원 고양지원 2016.07.21 2015고단3081
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

While the Defendant was urged to repay debts from financial institutions and loan companies, the Defendant was willing to lend money from the victim B who worked in the same company to use the money for the repayment of debts.

On October 8, 2010, the Defendant, through a false statement, received 15 million won from the injured party as a loan and received 15 million won from the third party on the same day and received 33,100,000 won in total from the third party on July 13, 201, as shown in the attached Table of Crimes, and then acquired 37 times in total from the injured party, as stated in the attached Table of Crimes, the Defendant acquired 3,100,000 won in borrowed money from the third party to the third party on December 13, 2011.

Summary of Evidence

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

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning B confrontationment of the accused);

1. Application of Acts and subordinate statutes of each police statement protocol to B;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the recommended punishment] [the grounds for sentencing under Article 38(1)2, and Article 50 of the same Act [the scope of the recommended punishment] does not fall under the basic area (six months to one year and six months] [the person who is subject to special sentencing] [the decision of sentencing] [the defendant shall obtain 30,100 won from the victim seven times.]

The damage has not been recovered to the son's post, and the injured person is punished by the defendant.

However, it is against the defendant, and there is no criminal record of the same kind, considering the favorable circumstances of the defendant.

Other methods and contents of crimes, circumstances after crimes, etc. are identified in the records of this case and the trial process.

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