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(영문) 수원지방법원 2019.10.11 2019고단943

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 2, 2016, the Defendant stated that “A victim C (hereinafter referred to as “B”) who was aware of “B,” at the meeting of “B,” and went to death as a member of the group of “B,” that “it is difficult for the Defendant to pay the land in both states and the house located in Osan to be in need of business funds, so it is difficult to pay the survey cost, rent, etc.” If he/she borrowed money, he/she would dispose of real estate and pay it without the mold.”

However, in fact, the defendant did not have any special property or income, and did not own real estate in both states and Osan, so even if he borrowed money from the victim, he did not have any intention or ability to repay it.

On December 26, 2016, the Defendant: (a) by deceiving the victim as above; (b) received KRW 23,000,000 from the victim a total of KRW 23,000 from the cashier’s checks of KRW 23 million under the name of borrowed money; and (c) received or remitted all KRW 15,450,000,00 from around that time to September 30, 2017 as indicated in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report (D telephone conversations for reference), E dialogue photographs, and criminal investigation report (F telephone conversations for reference);

1. Application of Acts and subordinate statutes to each certificate of actual results of deposit transactions, check printing slips, photographs, deposit account details, account transactions records, cashier's check certificates, and cashier's check copies;

1. The reason for sentencing [the scope of recommending punishment] of Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime of this case [the scope of recommending punishment] of general fraud [the basic area (one to four years of imprisonment with labor] of types 2 (one hundred million won or more, and one to five hundred million won) [the sentence] of the crime of this case is that the defendant deceivings the victim, thereby deceiving the victim, thereby taking the victim a total of KRW 15.45 million from the victim, and the nature of the crime is not weak.

The defendant has a record of being punished for a suspended sentence for the same crime, and is caused by the same crime.