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(영문) 부산지방법원 2018.07.04 2018고단808
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

On June 7, 2016, the Defendants are the victims E, “A is this subject, and B is the fraternity.”

A Lending KRW 50 million to A, the principal shall be paid monthly interest on three occasions, and the principal shall be paid to F, who is the husband of E on February 10, 2017, without any condition, of KRW 50 million out of the successful bid amount of KRW 51 million beginning on May 10, 2016.

B letter of guarantee.

“A false representation was made.”

However, Defendant B borrowed approximately KRW 180,000,000 from the injured party before, and did not borrow additional money from the injured party due to the failure to repay the amount of KRW 60,000,000 from the injured party, and Defendant A borrowed money from the injured party as if Defendant A borrowed money. Defendant A was not a successful bidder, and Defendant A borrowed money from the injured party to receive KRW 15,00,000 from the injured party. The Defendants did not have any intent or ability to repay money from the injured party.

The Defendants conspired to induce the victim as such and received 48.5 million won, excluding the prior interest and 1.5 million won from the place of the damage by deceiving the victim as such.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police to F and E;

1. Application of Acts and subordinate statutes written confirmation of money;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 347 (1) and 30 of the Criminal Act;

1. Selection of each penalty, and that of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order (Defendant A) of the Criminal Act [the scope of recommendation] The basic area (from June to one year and six months) (the person who is subject to special sentencing] is contrary to the judgment of sentence]. Defendant B is the primary offender. Defendant A has no record of punishment exceeding the fine. Defendant A has no record of punishment exceeding the fine, the amount of fraud, and the amount of gains actually acquired by each of the defendants shall be determined as the disposition of the order in consideration of all the conditions of sentencing.

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