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(영문) 서울서부지방법원 2017.05.10 2016고단3339
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 19, 2016, the Defendant was sentenced to a suspended sentence of six months for criminal fraud at the Seoul Western District Court (Seoul Western District Court). On July 27, 2016, the said judgment became final and conclusive.

【Criminal fact-finding on December 201, 201, the Defendant made a false statement to the effect that “I would pay interest of KRW 750,000 per month if I lent KRW 30,000 to the victim E of the school who was aware of as a customer in the process of working as an insurance designer at a D elementary school located in Seongdong-gu, Sungnam-si, Sungnam-si, as the insurance designer, for the purpose of raising the studio size, the Defendant would pay the victim E with interest of KRW 30,000 per month.”

However, even if the Defendant borrowed money from the damaged party, it was thought that it would be used to prevent the so-called return of personal debt, etc., and did not run the studio business. Since from 2008 to 2008, the Defendant was in a situation where he was the so-called bad credit and only borrowed money from the damaged party without any special property, there was no intention or ability to repay the money.

Nevertheless, the Defendant, as seen above, was issued KRW 175 million in total from the injured party, as described in the list of crimes in attached Form, when the victim made a false statement to the injured party and received KRW 30 million in cash from the same place around December 14, 201, and from around that time to December 18, 2013 from around that time, the Defendant received KRW 175 million in total from the injured party as indicated in the list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Each loan certificate, each deposit certificate, and each process copy;

1. Previous convictions: Investigation into criminal history, investigation report (fact that a suspect is under probation period), and application of a copy of the judgment text;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, however, in light of the fact that a significant amount of damage caused by the sentencing of Article 39(1) has not been repaid even though the amount was a large amount of damage.

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