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(영문) 수원지방법원 2017.05.19 2016고단7428
사기
Text

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

Reasons

Punishment of the crime

On September 5, 2011, the Defendant loaned only KRW 30 million to the victim C, as the money is required to commence social welfare services. On September 5, 201, the Defendant would pay back the borrowed money without a mold after the month he/she received the donation. He/she would give a security to the apartment in his/her wife name, and have the party and the party and the party's family members find employment to the social welfare foundation.

“The phrase “ was false.”

However, the defendant did not have any real estate to offer the victim as collateral and did not have any capital to establish a social welfare foundation to find employment for the victim or operate the social welfare foundation, and did not have any intent or ability to pay the borrowed money to the victim.

The Defendant, as such, by deceiving the victim, received KRW 25 million from the damaged party under the pretext of the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to C or D;

1. A written statement of a veterinary report;

1. Application of Acts and subordinate statutes of a letter of payment, a check, or a written application

1. Article 347(1) of the Criminal Act in relation to the relevant criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommendation] general fraud [the scope of punishment] is not agreed upon with the victim (decision of sentence between June and January 6) in the basic area (the decision of sentence from June to June), and it is impossible to punish the victim for lack of recovery of damage.

However, in consideration of the fact that it appears that a fraudulent act is committed intentionally, such as using money obtained through the preparation fund for social welfare projects, etc., the punishment shall be determined as per the disposition.

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