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(영문) 수원지방법원 안양지원 2018.02.09 2016고단1568
사기
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

On November 26, 2007, the Defendant: (a) through C, the Defendant, the Defendant’s seat of the Defendant, through the victim D through “Acheon-si, the apartment in the city of the city of the city of the city of the city of the Gu; (b) intends to convert the apartment from the rent to the monthly rent; (c) on the ground that the deposit is required to return the apartment from the rent to the revenue, the deposit for the lease on a deposit basis is returned; and (d) on the monthly rent by converting the apartment into the monthly rent, the Defendant paid the interest of KRW 5% per month and later returned the principal.

“A false statement” was made.

However, at the time, the Defendant received a loan equivalent to approximately KRW 1.38 billion to the National Bank, approximately KRW 50 million to Korean banks, approximately KRW 20 million, and KRW 10 million to loan companies located in several areas, such as mountain and mountain, and money, and even if the Defendant was paid about KRW 10 million interest on the above obligation during one month, he was thought to use it for the Defendant’s debt, card payment, and living expenses, and there was no intention or ability to use it for the return of deposit for the lease, and to pay the victim a high interest of KRW 50 million per month.

The defendant received KRW 15 million from the injured party to the National Bank account (E) of the defendant as well as from September 5, 2008 by receiving KRW 110 million in total, as shown in the list of crimes in the attached Form from September 5, 2008.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Credit information:

1. Application of Acts and subordinate statutes to the details of transactions in the account of the recipient (Korean banks and national banks);

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the selection of punishment (including the scope of recommendations according to the sentencing guidelines), the grounds for sentencing of sentence of imprisonment [the scope of punishment recommended according to the sentencing guidelines] - Type 2 (not less than KRW 100 million, but less than KRW 500 million), the basic area (one year to four years), / the sentence sentence] - the amount of damage which is disadvantageous: a small amount of damage. - There are no criminal records for the same kind of crime or imprisonment without prison labor or any heavier punishment.

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