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(영문) 서울중앙지방법원 2016.04.28 2015고단6335
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On June 4, 2014, the Defendant would pay 80,000 won per month interest to the victim E at the law firm D office located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, and pay 80,000 won to the mother as the Defendant would have necessary to pay the borrowed money to the mother, and then pay the principal when selling the bak house operated by the mother.

The above bread house may be repaid with the principal and interest of KRW 10,000,000,000, and the net profits of KRW 8,000,00.

The phrase “ makes a false statement.”

However, in fact, from around 2010, the Defendant borrowed money to be used for the repayment of personal debts and the expenses for the operation of the bread house from the financial sphere No. 1, 2010 to the financial sphere, and was in the state of lack of self-sufficiency, such as repayment of debts in the manner of prompt repayment. As at the time of borrowing money from the injured party, only about KRW 100 million of the above financial sphere loans were reached at the time of borrowing from the injured party, the Defendant did not have the intent or ability to repay the principal and interest normally even if borrowing money from the injured party.

Nevertheless, the Defendant, as indicated in the list of crimes in the attached Form, by deceiving the victim as shown in the list of crimes, and by deceiving the victim from June 4, 2014 to November 25, 2014, the Defendant received 70 million won from the victim to the national bank account in the name of the Defendant for a total of six times from around June 4, 2014 to by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A remittance statement;

1. Application of Acts and subordinate statutes to investigation reports (to attach response data to NICE Evaluation Information Co., Ltd.);

1. Article 347 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for the crime (the choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act (including the favorable circumstances as shown below)

1. Where a person intentionally commits a deceptive act in the mitigated area (one month to one year) (special mitigated person) in the mitigated area (one month to one year), or the extent of the deceptive act is weak on the basis of the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines;

2. Circumstances that are disadvantageous to a decision of sentence:

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