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(영문) 부산지방법원 2012.11.08 2012고단2741

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;


Punishment of the crime

On September 9, 2010, the defendant was sentenced to a suspended sentence of ten months for fraud at the Busan District Court, and the above judgment was finalized on September 17, 2010.

At around 15:00 on May 16, 2007, the Defendant told the victim D to pay the interest within 10 days from the date of the loan of KRW 30 million to the victim under Section 2005 of the Dong-si Building 2005.

However, the fact did not have the intention or ability to repay even if it borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received cash and check KRW 30 million from the victim, namely, in the face of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Cash custody certificate;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (Attachment to a copy of the same type of judgment);

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act selection of punishment, and choice of imprisonment;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Grounds for sentencing under Article 62 (1) of the Criminal Act (including circumstances favorable to the reasons for sentencing below).

1. The conditions favorable to the defendant shall be as follows:

The agreement was reached with the victim.

It is a case that can be judged together with the crime of the first head of the crime that became final and conclusive.

The health of defendants is not good.

2. The circumstances disadvantageous to the defendant shall be as follows:

Despite the fact that there was a history of punishment several times for the same crime, it is difficult to see that the opening of the crime of this case is significant.

3. In addition, taking into account the various circumstances, such as the motive, means, and consequence of the instant crime, the Defendant’s age, character and conduct, environment, criminal records, and circumstances after the crime, the punishment as ordered shall be determined by taking into account the following factors.