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(영문) 창원지방법원 통영지원 2015.04.10 2014고단1189
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant borrowed KRW 24 million around October 2013 from the victim B, who became aware of the introduction from the two to three years ago, and took out KRW 10 million as of May 2014, and failed to repay the loan. In addition, the Defendant was liable for the debt worth KRW 50 million, and the Defendant was so-called “debrising”, so even if he borrowed money from the victim, the Defendant did not have any intention or ability to repay the loan.

1. Around June 2014, the Defendant made a false statement to the victim’s house located in the Tong Young-si apartment, stating that “The victim will live together with the victim if he/she lends money, and will pay interest.”

The Defendant received 6 million won from the victim's house as the borrowed money from the victim around that time.

2. On August 20, 2014, the Defendant, at the home of the above victim, made a false statement to the victim as described in paragraph (1), and then acquired KRW 13 million from the victim as the borrowed money at that time.

3. On August 31, 2014, the Defendant, at the home of the above victim, made a false statement to the victim as described in paragraph (1), and obtained 5 million won from the victim as the borrowed money around that time, and acquired by defraudation.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect examination protocol of the accused by the prosecution (including the B large-scale part);

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a copy of a loan certificate, a copy of a letter, and debt details;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of recommendations according to the sentencing guidelines - Types 1 (less than KRW 100,00) and 1 (less than KRW 100,00). - Special mitigations: doluence.

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