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(영문) 의정부지방법원 2012.11.29 2011고단3585
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for Defendant B.

However, from the date this judgment becomes final and conclusive, Defendant A.

Reasons

Punishment of the crime

Defendant

A, in his own name, it is difficult to borrow money from the victim D, and the defendant B was asked to lend 70 million won to the victim in his name.

The Defendants, around 14:00 on September 16, 2010, at Gangnam-gu Seoul, the Defendant E, Defendant B, “B shall operate a mobile phone agent in the name of his father and the amount of KRW 20 million per month shall be deposited” to the victim, and Defendant A said, “B shall make a mobile phone agent, and if money is insufficient to secure a telephone, five million won shall be paid with interest at 15 days after 15 days thereafter.”

However, in fact, the Defendants were only able to use money to repay the obligations of Defendant A by lending money from the victim, and the mobile phone agencies operated by Defendant B did not make any profit, and Defendant A was unable to pay KRW 100 million borrowed money from the bond company and did not have any specific income, so there was no intention or ability to pay the borrowed money.

The Defendants conspired to deception the same victim and acquired 70 million won in the same place.

Summary of Evidence

1. Defendants’ legal statement

1. The prosecutor's protocol of interrogation of the Defendants (including the substitute part)

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. Articles 347(1) and 347(1) and 30 of the Criminal Act and the choice of imprisonment

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A of the order of community service: The two-dimensional serving times under Article 62-2 of the Criminal Act;

1. Defendant A [Determination of Punishment] Type 1 (less than KRW 100,00) of general fraud [Special Franchisor] [Determination of the recommended area] [Determination of the mitigated area] [Determination of the sentencing range] to 1 year [No person who is a general person] - The main reason for suspension of execution] - The main reason for suspension of execution: The reason for suspension of execution of punishment (self-esteem) - No reason for the same kind of criminal records (unlawful reasons): No reason for general participation (decision of sentence).

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