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(영문) 서울중앙지방법원 2015.02.12 2015고단369
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 23, 2011, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Goyang Branch of the District Court, which became final and conclusive on March 27, 2012, and completed the execution of the sentence on September 24, 2012.

On July 12, 2013, the Defendant made a false statement to the victim BC (the age of 38) (the age of 100,000,000 won) (the age of 10,500,000 won) in the office of the Defendant in the fifth floor of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, on the introduction of the public prosecution and the introduction of BB, stating, “A loan of 10,000,000 won to B shall be paid as interest, and a loan of 10,000,000 won shall be paid as KRW 30 billion within 30,000,000,000 won shall be increased within 10,000 won.”

However, in fact, the Defendant borrowed 10 billion won bonds of KRW 10 billion and did not have any intent and ability to increase the amount of KRW 30 billion within 30 billion. The Defendant did not own the above building, but did not have any particular property and did not have any intent and ability to repay the above 150 million to the victim.

The Defendant, as such, by deceiving the victim, received a delivery of KRW 150 million from the victim to the account under the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecutor's protocol of examination of the accused in BC;

1. Written complaint of BC and the statement thereof;

1. Criminal records;

1. Application of Acts and subordinate statutes on the current status of individual reduction/Incarceration;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] 1 year to 4 years (the special mitigation factors include “where a victim is reasonably responsible for the occurrence of a crime or the expansion of damage,” “where the criminal method is very poor,” and “where the criminal method is extremely poor,” and “where the same type of repeated crime” are considered] [decision of sentencing] that the defendant misleads the defendant, considering the favorable circumstances.

The defendant is the defendant by the introduction of BB, whose father is the father.

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