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(영문) 서울서부지방법원 2019.07.24 2019고단1778
사기
Text

A defendant shall be punished by imprisonment for 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

Around March 31, 2011, the Defendant: (a) at the 300,000 US-U.S., the 6th floor of the 2000 U.S. B building; and (b) at the 300,000 U.S., the head of the Tong attached the victim D, “A person who has borrowed money from the 6th floor of the 200,000 U.S., U.S. building; (c) the expenses incurred to cancel the attachment are required, and (d) the Defendant borrowed only KRW 20,000,000 from the 25th day of each month from April 201 to July 2014. In addition, the Defendant said that the Defendant would repay the 5,000,000 won guaranteed

However, there is no intention or ability to repay, even if the Defendant borrowed money from the victim or made a guarantee, as the monthly income is excessive to KRW 2 million at the time, and there is a need to pay approximately KRW 3 million per month interest, such as bonds.

Around April 1, 2011, the Defendant received KRW 15 million from the victim as the borrowed money from the above office, and around April 1, 2011, the Defendant received a total of KRW 5 million from the State E, State F, and State. Around April 1, 201, the Defendant had the victim obtain a joint and several guarantee.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (special-purposes) (type 1) of fraud according to the sentencing guidelines: In cases where a person intentionally commits a deceptive act in an incomplete manner or the degree of deception is weak (the recommended field and the scope of recommendations), reduction area, and one month to one year;

3. The amount of money shall be small until eight years have passed since the defendant was given money from the victim in 2011.

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