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(영문) 인천지방법원 부천지원 2016.05.26 2016고단572
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 6, 2007, the Defendant was sentenced to six months of imprisonment for fraud, etc. in the Busan District Court’s Vice-Support, and completed the execution of the sentence on November 26, 2007 at the Incheon Detention Center.

[2] The Defendant, on March 1, 2009, approaches to inform the Defendant of a good investment product that can only cover damages with the knowledge of the fact that K received an excessive interest from the above loan office at the victim L (n.e., 47 years of age) (hereinafter referred to as "the above loan office") at the office of the above loan office, which is operated by K in Seocheon-si, Seocheon-si, Seoul. In order to ensure that the disabled Association entered into a contract for the sales of the scrap metal from the building, and if it makes an investment, he/she may impose money.

If an investment of KRW 25 million is made, it will be paid KRW 50 million as a profit together with the principal.

That said, the phrase was false.

However, even if the defendant received money from the injured party, he did not have any intention or ability to invest in the scrap metal-related business, because he thought to use it as the cause of personal debt repayment.

Around May 26, 2009, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million from the victim to the passbook in the name of the Defendant; and (c) obtained a total of KRW 2,637,00 from June 30, 2009, as shown in the annexed List of Crimes, and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor at the prosecution with respect to L or M;

1. Receiving ledger, a copy of a loan certificate, a copy of each transaction, and an investigation report (data on transactions of passbooks under the bottom of a statement by reference person M);

1. Previous convictions: Inquiry into criminal history, application of investigation reports (verification of the period of repeated crime and attachment of judgment of the same kind of force);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes [the scope of recommendations] is the increased area (one to two years and six months) (one to two years), and the aggravated area (a special aggravated person) of Article 37, Article 38(1)2 and Article 50 of the same Act.

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