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(영문) 서울서부지방법원 2015.09.23 2015고단548
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 of the final judgment.

Reasons

Punishment of the crime

The defendant was the customer of the modern card, and the victim C was in charge of collecting overdue payments to the defendant who did not pay the Hyundai Card.

Around 14:00 on September 30, 2013, the Defendant made a false statement to the effect that “If the Defendant lends 9 million won to the victim a part of the overdue payment of the current card, he/she will pay 3 days after lending 9 million won to the victim.”

However, the defendant did not have any special property, and even if he borrowed money from the victim due to the amount of the existing debt, such as KRW 27 million, KRW 24 million, and KRW 24 million, without a certain income, the defendant did not have any intention or ability to complete the payment.

The Defendant, as such, by deceiving the victim, received KRW 9 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The basic area of the suspended sentence under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act) (Article 62 (1) of the same Act (Article 62 (1) of the same Act shall take into account the circumstances of this case

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