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(영문) 인천지방법원 2016.06.24 2015고단8374
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 28, 2015, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing the performance of official duties at the Incheon District Court, and the judgment became final and conclusive on December 29, 2015.

The Defendant, around June 30, 2015, lent “E” to the victim “E” operated by the victim D in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, to lend the subject money to another person, and later, paid the principal and the interest at once with the interest accrued.

“.......”

However, even if the defendant received money from the injured party, the defendant did not have an intention to borrow interest from another person, and only thought to use it for personal purposes, such as living expenses, etc., and there was no intention or ability to reduce the principal and five additional interest as agreed upon by the injured party.

Ultimately, the Defendant, as above, by deceiving the victim as above, obtained KRW 2 million from the victim on June 30, 2015, KRW 3 million on July 3, 2015, KRW 3 million on July 9, 2015, KRW 3 million on July 20, 2015, KRW 4 million on July 21, 2015, KRW 3 million on August 4, 2015, KRW 3 million on August 4, 2015, and KRW 5 million on August 6, 2015, KRW 25 million on August 8, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of bankbook;

1. Previous convictions in judgment: A. Investigation report (verification of latter concurrent relations), and application of the text of the judgment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) that recognizes all of the defendants' crimes against whom they are committed, that there is no record of punishment sentenced to imprisonment without prison labor or any heavier punishment for the same crime, and that the crime of this case requires consideration of the punishment sentenced where a judgment is rendered concurrently as the previous crime and the crime of

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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