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(영문) 서울중앙지방법원 2017.11.23 2017고단2623

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, around July 2015, entered into an office for supervision at a construction site site in Dongjak-gu Seoul Metropolitan Government around July 2015, entered into a contract with the victim D to "250 million won loan" and if the balance is not settled, the contract is reversed and the KRW 200 million loan will be 20 million.

Along with a loan of KRW 7 million, a false statement was made to the effect that it would be repaid to the revenue within 2-3 days after receiving a monthly tax.

However, in fact, the Defendant did not have any property other than KRW 10 million at the time of lease, and was liable for the debt amounting to KRW 200 million, and was paying more than the monthly income from living expenses and interest, so there was no intention or ability to repay the loan even if the Defendant borrowed money from the victim.

The Defendant, as such, by deceiving the victim and receiving KRW 3 million around the 7th day of the same month under the pretext of handling the balance of collection from the victim, and received KRW 177,743,570 in total from around January 5, 2017 to around 65 times, as shown in the list of crimes in attached Form 17,743,570.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the details of account transactions, receipts, records of NongHyup transactions, text messages, records of recording, age cards registered mail, and the details of entry and departure transactions;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] General Fraud / [the scope of recommending punishment / The basic area (8 to 4 years) of Type 2 (not less than KRW 100 million, but less than KRW 500 million): The rise in the first step of the type of concurrent crimes (decision of sentencing] as a result of the combined crimes of the same kind, and the one who has suffered damage has repaid the amount of damage.

In consideration of the amount claimed (21,431,447 Won), most damages have not been recovered.

Defendant has the same criminal records.

The defendant used the victim's trust to commit deception for a considerable period of time.