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(영문) 창원지방법원 마산지원 2019.10.15 2019고단472

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 was a victim B, C, D, and University Dongdae-si, and a hospital member member E in Changwon-si, Changwon-si, and was a victim F and was a victim F.

On April 19, 2018, the Defendant made a false statement to the victim B, stating that “I will lend money to the victim B without any surgery, and pay it after a day.”

However, in fact, the Defendant has already been liable for approximately KRW 27 million, and even if having borrowed money from the victim, he was thought to be used for repayment of the existing debt, gambling, etc., and he did not use it for father surgery expenses or have no intention or ability to complete payment.

The Defendant, as above, by deceiving the victim and receiving one million won from the victim on the same day, and acquired it through the defrauded from September 27, 2018, from that time, the Defendant received a total of 91 million won from 4 victims to 16 times in total, as shown in the attached list of crimes, from September 27, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, C, D, and F;

1. An authentic copy of each notarial deed;

1. Application of Acts and subordinate statutes on details of financial transactions;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 on probation and community service order;

1. Scope of punishment by law: One month to fifteen years;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year, where significant damage has been recovered;

3. The defendant who has rendered a sentence is to use his father, hospital fee, etc. from four persons who are in a fiduciary relationship, such as the Eastern, workplace ward fee, year, etc.