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(영문) 부산지방법원 2017.10.20 2017고단3222
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On April 1, 2014, the Defendant: “C” to the victim B (hereinafter referred to as “C”) who had taught in front of a branch office of the National Bank of Korea (15,000,000,000,000,000) of the Central Bank of Korea (hereinafter referred to as “S”).

It shall be repaid with the loan of KRW 2 million between the two million.

“.....”

However, in fact, the defendant thought that he will use the clothes as living expenses, not the foundation of clothes funeral, and even if he receives money from the injured party in a absence of certain income, he did not have the intention or ability to repay even if he borrowed money from the injured party.

As such, the Defendant: (a) by deceiving the victim and being granted KRW 2 million from the victim as the borrowed money; and (b) from around that time, the Defendant received KRW 14.3 million in total from the victim five times until December 2014, as indicated in the list of crimes (attached Form).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to C;

1. Receipt for remittance of return to other countries, and application of the relevant statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] General Fraud / [the scope of final sentence according to the aggravated punishment that there is no person subject to special sentencing (6 months to 100 million won) / The scope of final sentence according to the aggravated punishment: 6 months to 2 years and 9 months (decision of sentencing]; 6 months to 6 months; 2 years and 9 months (decision of sentencing); there is no effort to compensate the amount of damage to the accused; 6. Meanwhile, there is no criminal record exceeding the same kind of criminal record or fine; 6. There is no criminal record beyond the fine; 4. It is not deemed that monetary lending was made solely on the mere monetary basis which is deferred to the relationship between the victim and the accused at the time of deception; and 51 of the Criminal Act is not heavier than the method of deception.

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