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(영문) 인천지방법원 2014.11.13 2014고단6616
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 2013, the Defendant made a false statement to the effect that “A victim C was at the end of Gangseo-gu Seoul Metropolitan Government, with the introduction of a friendly relationship from the Gangseo-gu branch, and was aware of each other, provided that “A victim was engaged in a family business and borrowed money to receive a loan. I will provide the principal and interest on behalf of the principal and interest in return for the loan of money.”

However, in fact, the defendant thought that he would use the victim's money as living expenses, etc. without considering a particular business operation, and even if he borrowed the money from the victim, he did not have any intention or ability to return the principal or interest.

As above, the Defendant, by deceiving the victim and deceiving him/her from the victim, shall be KRW 10 million around May 31, 2013, and the same year.

6.6. Minority: five million won, and the same year; and

6. 11. Minority: 5 million won, and the same year.

6. Around 28.28.20 million won, including a sum of KRW 21.5 million, was received and acquired by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on the investigation of transaction records, request for transaction records, inquiry of details of transactions and details of transactions;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] General Fraud [10 million won or less] mitigated area (1-1 year or less] (1-1 year or damage recovery area] (the decision of sentence] recognized and reflects the crime, although the victim agreed smoothly with the victim, it is not good to commit the crime, and the amount agreed upon by the agreement is money borrowed from others who believe the defendant. The same kind of fine records can be used, the method of crime, the circumstances leading up to the crime and consequence of the crime, the defendant's home-type, age, personality and conduct, etc. shall be determined as stated in the order.

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