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(영문) 인천지방법원 2016.06.09 2016고단644
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

The defendant did not have the intent or ability to return the money, even if the defendant had the victim B (46) who had a work bonus on behalf of the principal to repay the principal's debt.

On April 2015, the Defendant made a false statement to the effect that “The Defendant would succeed to the obligation by converting the name of the loan into the name of the lender at an early stage of the payment of the loan instead of personal debt, or settle the loan by selling the house at home,” by phoneing the victim on April 2015.

On April 20, 2015, the Defendant, by deceiving the victim, had the victim pay 20,000,000,000,000 from the Silend Savings Bank, and 7,000,000,000,000,000,000 from the Silenda loan, and KRW 52,00,00,00,00,00,00 from the D case loan. On April 21, 2015, the Defendant had the victim pay 7,670,549,000 on behalf of the Defendant’s existing loan obligation of the Defendant’s existing loan company, etc., as shown in the list of crimes in attached Form, thereby making the victim pay 10 times more than 10,08,555,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A report on investigation (specific amount obtained by deceit);

1. Application of Acts and subordinate statutes on the certificate of transfer confirmation and application for loan;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Where the mitigation area (one month to one year) in the mitigation area (one year from January to one year) (the person subject to special mitigation) is not subject to punishment, or considerable damage has been recovered, due to the application of the sentencing criteria [the scope of the recommended punishment] in general fraud;

2. The Defendant committed the instant crime even though he/she had been subject to punishment several times for the same kind of crime, the fact that the Defendant committed the instant crime with the victim, the fact that he/she was fully agreed with the victim, and other circumstances leading to the Defendant’s age, occupation, sex, environment, and the instant crime.

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