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(영문) 서울서부지방법원 2017.07.19 2017고단1517
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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 became aware of the Victim C (M, 28 years of age) (M, 28 years of age) who was unflashing in a place that was unflash in order to gambling in Gangwon-gu, Gangwon-do.

From June 7, 2016, the Defendant was able to borrow money from the injured party for the purpose of raising gambling funds, and was able to teach with the injured party on the premise of marriage between the injured party and the injured party as if the injured party had an intention to engage in marriage with the injured party.

On June 13, 2016, the Defendant rendered a false statement to the victim of the Nonghyup Bank, which is located in the Giwon-gun, Seowon-gun, Gangwon-do, that “A factory and her mother’s officetel shall have both his father and her mother, and a half million won or more per month shall be repaid immediately if he/she lends 1.4 million won or more.”

However, the defendant did not have certain occupation and income at the time, and if he received a demand for repayment from the victim later, he did not prepare a separate loan certificate with the related party and did not have the intention or ability to deny the repayment of money to the victim.

In other words, the Defendant received 1.4 million won from the injured party for the borrowed money from the seat, and received the total amount of 62,30,000 won through the same method on nine occasions, such as the list of crimes, from July 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against C;

1. Investigation report (to hear statements by complainants);

1. A criminal investigation report (Submission of data related to suspect capacity to repay), a criminal investigation report (verification of remittance account);

1. Inquiry into account transaction details, and application of statutes on the Kakao Stockholm message details;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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