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(영문) 인천지방법원 부천지원 2015.11.06 2015고단1935
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 19, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution at the Seoul Central District Court, and the judgment became final and conclusive on August 13, 2015.

The Defendant, known to C pastors, displayed a copy of another person’s passbook containing the balance of deposit in KRW 1, and carried out as if he was related to the re-performance of his ability to cause investment or loan.

After that, around October 16, 2014, the Defendant made a false statement to the victim D, who was introduced from the above C wood company in the hotel coffee shop in Jung-gu Seoul, Jung-gu, Seoul, stating that “B is a person who manages the funds of the Chairperson, documents to the Chairperson on the face of 30,000 hours, and 5 billion won of the E company acquisition fund will be loaned after the loan on the face of 100 million won on the face of 30,000 won.” On the other hand, the Defendant would immediately return KRW 100,000 after the loan on the face of 10,000 won.”

However, the Defendant did not have any property, occupation, and income at the time, and did not know that he had a person who was the Chairperson, and did not have his name or face, and even if he received money from the Chairperson, there was no intention or ability to have the victim borrow 5 billion won within 3 days, even if he received money from the Victim.

On October 17, 2014, the Defendant, by deceiving the victim, obtained KRW 10 million from the seat, and acquired KRW 90 million in total from the G office located in Gangnam-gu Seoul, Gangnam-gu Seoul, and acquired KRW 100 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H, I, and D;

1. A statement of intent, a statement of undertaking, and a statement of performance;

1. A detailed screen of the copy of the passbook of the agricultural cooperative, and a gold transaction;

1. Criminal records, inquiry reports, and application of Acts and subordinate statutes concerning criminal records, investigation reports (related before latter concurrent crimes);

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

1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes are against their own mistakes.

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