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(영문) 서울동부지방법원 2017.04.28 2016고단2230
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around May 20, 2015, the Defendant loaned KRW 2 million to the victim’s conference operated by the victim D in Gangdong-gu Seoul Metropolitan Government around May 20, 2015, which includes interest of KRW 2,200,000,000,000,000,000,000,000,000,000,000 won

“The purpose of “ was to make a false statement.”

However, in fact, the defendant did not have any intention or ability to repay the debt, even if he borrowed money from the damaged party, not the net gold boom.

As such, the Defendant, by deceiving the victim, received two million won from the injured party to receive the delivery of 2 million won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (abridged photograph);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The sentencing conditions of the suspended sentence under Article 62(1) of the Criminal Act include the following facts: (a) the accused with the reasons for the sentencing of a fine under Article 62(1) has several times the criminal records for the same crime; (b) the accused has not agreed with the victim; and (c) the accused has not increased by fraud

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