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(영문) 서울북부지방법원 2014.08.13 2013고단275
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On November 30, 2005, the Defendant stated that “The Defendant would complete the collection of a longer deposit in a lawsuit within the number of days when he/she lent money to the victim E, as he/she was hospitalized in the patient room in the Seoul University Hospital because the F, a e, a educ educ educ educ educ educ educ educ educ educ educ educ educ e

However, the fact is that F was not hospitalized in Seoul University Hospital, and there was no intention or ability to pay money within the day.

As above, the Defendant deceiving the victim and transferred 4.8 million won from the victim, i.e., the victim from his seat, and 9.5 million won on December 9 of the same year, and the same year.

2.6. Subdivision

2.7. Each 5 million won, total sum of 19.8 million won was remitted and acquired through deception.

2. On December 8, 2005, the Defendant made a false statement to the effect that “The Defendant would use the victim’s panty No. 1 floor and pay the user fee if he/she lends the victim’s panty 1 floor because the victim’s panty room located in Gyeyang-gun G is not open for a right time.”

However, there was no intention or ability to pay the user fee even if the panty loan was used.

As above, the Defendant, by deceiving the victim, used the above panty from that time until March 31, 2006, and did not pay the amount equivalent to KRW 12 million for four months, thereby acquiring the pecuniary benefits of the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and each legal statement of the J;

1. A copy of a loan certificate;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed under the circumstances unfavorable to the defendant, such as that the defendant deceivings the victim and defrauds about 30,00 won, and such act is not weak, and no agreement has been reached with the victim.

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