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(영문) 서울서부지방법원 2015.07.16 2014고단488
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around December 13, 2011, the Defendant demanded the Victim F, who became aware of through the introduction of D coffee in Seoul, Jung-gu, Seoul, to “B, is the president of the Korea-U.S. Mutual Aid Association.” The Defendant loaned KRW 100 million to lend KRW 100 million to the Plaintiff and to repay KRW 300 million plus interest KRW 200 million until December 20, 201, and thereafter to lend money to the Defendant.”

However, the Defendant did not have the president of the Korea-U.S. Mutual Aid Promotion Association at the time, but did not have any property or income, so even if he borrowed money from the victim, he did not have any intent or ability to pay the principal and interest KRW 300 million after the day.

Nevertheless, the Defendant, as above, obtained a sum of KRW 100,000 won cashier’s checks and KRW 100,000,000 won cashier’s checks from the victim and fraudulently acquired them.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Legal statement of witness F;

1. A copy of a receipt, a copy of a name tag, a copy of a borrowing certificate, a copy of each letter, a cashier's check, and a copy of a payment assurance;

1. Application of Acts and subordinate statutes to investigative reports (to hear statements E by reference witnesses, and to verify the presentation of check payment);

1. The sentencing of Article 347(1) of the Criminal Code for the crime at issue is based on the following circumstances: (a) the age, character and conduct, environment, etc. of the defendant; and (b) the conditions of various sentencing as shown in the pleadings of the case; and (c) the sentencing guidelines set forth in the sentencing guidelines.

On December 16, 1983, the Defendant has been sentenced to imprisonment with prison labor by the Incheon District Court for a crime of false accusation.

B. The Defendant did not compensate the victim for damages.

(c) Type 2 (at least KRW 100, but less than KRW 500,00) and the basic area (one year or four years) of the sentencing guidelines (the scope of recommendations) set forth in the sentencing guidelines for general fraud;

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