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(영문) 수원지방법원 안양지원 2016.09.29 2015고단1389

사기

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On January 15, 2012, the Defendant: (a) at a fishing place located in Singu-si B around January 15, 2012 in Singu-si, the Defendant provided the victim D with a construction business, and (b) provided the Defendant with a loan to B with the money that the Defendant would pay interest with the proceeds of investment to E, and repaid the money.

‘False speech' was made.

However, in fact, the Defendant had been urged by the bond company at the time to pay the debt, even if he received money from the injured party, intended to use it for personal purposes, such as repayment of debt, and did not have the intent to invest in E, while E did not engage in construction business.

As above, the Defendant, as well as by deceiving the victim and receiving the 3,000,000,000 won from the victim, was obtained through the delivery from the victim, and acquired the total sum of 45,570,000 won from that time to February 26, 2013, as shown in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (16 pages of evidence records);

1. Application of each statute on financial transaction details;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) on the grounds of sentencing;

1. The scope of the recommended punishment according to the sentencing guidelines / [the scope of the recommended punishment / [the scope of the recommended punishment] The general fraud-based < Act No. 1 (less than KRW 100 million)> the basic area (from June to January 6) (the person who is subject to special sentencing];

2. The sentencing conditions, such as the age, sex, family relationship, family environment, and the circumstances after the commission of the crime, shall be determined in excess of the scope of the recommended sentence, and as ordered, in full view of the circumstances described below the sentence and the defendant's age, sex, family relation, family environment, etc.

The crime of this case is not suitable in light of its details, means and methods, period of the crime, frequency of the crime, amount of damage, etc., and the defendant already committed the crime of this case once criminal punishment prior to the crime of this case, and most of the damage amount has not been repaid.