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(영문) 서울동부지방법원 2016.01.21 2015고단364
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around September 2009, the Defendant sought money from the victim G, W, AC, AD, AE, etc. from the victim, W, AD, AE, etc. to compensate for more than ten times the amount of money of several trillion won kept by the union members using the gold leader.

The phrase “a loan is required for expenses to be incurred in doing his/her work,” etc. was false.

However, even if the defendant received money from the victims or borrowed money, the defendant did not have any intention or ability to pay the money with money in excess of 10 times the amount of money received.

The Defendant, as such, deceiving the victims and deceiving them from the victims on September 22, 2009, up to KRW 250 million in total at AG hotel 705 in Jongno-gu Seoul, Jongno-gu, Seoul on September 22, 2009.

The five gold bars were delivered, and the check was issued 80 million won for expenses around that time.

Accordingly, the defendant was informed of the victims to receive each property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including G statements);

1. Each police statement made in relation to W and G;

1.The application of the legislation in respect of which payment is made.

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. In light of the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and the motive, circumstance, method, etc. of the crime of this case with the reason for sentencing of Article 50, the commission of the crime of this case is extremely inappropriate, and the amount of damage is also large. In addition, the prosecution was instituted without good circumstances after the crime, and the summons of this court is refused, in light of the following, it is inevitable to sentence the Defendant on the punishment.

However, the punishment shall be determined as ordered in consideration of the favorable circumstances, such as the fact that the defendant is led to confession and reflect, and that the victims of the late after September 2014 have returned five gold bars and 60 million won to the victims, and that the agreement has been reached.

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