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(영문) 의정부지방법원 고양지원 2016.08.26 2015고단2329
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 14, 2014, the Defendant is liable to lend money to the victim C from the point of view of the Government viewing by the National Bank of Korea, which is a citizen of the Gu, to the Government of the Gu around October 14, 2014.

“A false representation was made.”

However, in fact, the defendant was a bad credit holder at the time, and there was no particular property or no certain occupation or income, so even if he borrowed money from the injured party, he did not have an intention or ability to repay it.

The Defendant received KRW 23,00,000 as a loan from HK Savings Bank and HK Social Loan, and received KRW 23,000,000 as a loan, and continued to receive a loan from the victim on December 10, 2014, from SBI Savings Bank and AP Social Loan, and received KRW 5,00,000 from the victim on December 28, 200.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning the C confrontation);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the accusation (including evidence 2 through 10, accompanying documents), copies of passbooks of each national bank, financial transactions by himself, copies of medical records by himself, certificates of investigation report (including submission of materials by an accusation, evidence 18 through 26, accompanying documents), investigation report (including requests for cooperation and replies, evidence 28 through 31, accompanied documents);

1. The corresponding punishment is required in light of the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment, the means of deceiving the instant case, the amount of damage, the victim’s intelligence, etc.

In particular, on October 14, 201, the Defendant committed the instant crime even though he was sentenced to three years of imprisonment with prison labor and five years of suspended execution as a special robbery in the Goyang Branch of the Jung-gu District Court for the crime of special robbery in order to commit the instant crime, and fled during the trial.

(b).

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