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(영문) 서울중앙지방법원 2017.07.12 2016고정2550
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 2, 2009, the Defendant made a false statement to the effect that the Defendant “E” at the main point of the Defendant’s operation in the vicinity of the D Station in Dongjak-gu Seoul Metropolitan Government, stating that “If the Defendant would lend money to the victim F, he would be paid the installment savings in return.”

However, in fact, the Defendant did not have any intent or ability to repay as agreed upon even if he/she borrowed money from the injured party, even though he/she did not have any installment savings that he/she was in a state of debt without certain property in the situation where the main management is difficult

The defendant deceivings the victim as above, and 3 million won on the same day as the loan money from the victim, and obtained the delivery of the sum of 2 million won on March 23, 2009 and 5 million won on March 23, 2009.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Response to financial transaction information and application of the Acts and subordinate statutes of each specification of transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. A fine of three million won to be imposed and suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (including the fact that the defendant makes efforts to recover damage through partial repayment after a public prosecution is instituted, and the victim is not punished, etc.);

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