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(영문) 의정부지방법원 2020.04.02 2019고단4105
사기
Text

A defendant shall be punished by imprisonment with prison labor for four 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

The Defendant is a person engaged in a building business under the trade name of “B,” and the Defendant and the victim C are mutually known through the introduction of “D.”

On September 3, 2018, the Defendant stated that “If the Defendant lent KRW 20 million to the victim, he/she shall pay 15% interest per month, and he/she shall pay the principal to the victim after one month.”

However, since early 2017, the Defendant was unable to pay the material cost, wage, etc. of the newly-built electric source house since early 2017, and it was difficult for the Defendant to do so. At the time of borrowing money from the victim, there was a situation where approximately KRW 400,000,000 without any special property or income, and thus, there was no intention or ability to pay

After all, the Defendant, by deceiving the victim as such, received money of KRW 20 million from the victim to the account F in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement made by the prosecutor to the prosecution;

1. Application of Acts and subordinate statutes concerning police statements;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation Order;

1. Scope of applicable sentences under law: Ten years from imprisonment to imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines (a decision of type) shall not exceed KRW 100 million (a person who is specially punished) for fraud; (b) imprisonment with labor for less than six months up to one year and six months (basic area).

3. The crime of this case, which was determined to be sentenced, was acquired by remittance from the victim under the pretext of the borrowed money without the intent or ability of the defendant to repay. In light of the method, mode, result, etc. of the crime, the nature of the crime is not less and less than that of the crime, and the damage has not been restored until now, and the damage has not been agreed with by the victim, and the crime of this case is imprisonment for the same kind.

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