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(영문) 울산지방법원 2021.02.16 2019고단5085

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 19, 2009, the Defendant: (a) at the Victim C’s House located in Ulsan-gun, Ulsan-gun; (b) “The property inherited by his father is at least 2 billion won; (c) the Dongs working in the police station have tried to collect the property by taking a seizure measure; and (d) the money needs to be loaned; (c) the Defendant is obliged to pay 40% interest per month if the money is lent.

“False speech was made to the effect that it was “.”

However, the defendant did not have any property inherited by the defendant and did not have any intention or ability to repay as agreed even if he borrowed money from the victim.

Nevertheless, the Defendant deceiving the victim and received 7 million won in cash from the victim, i.e., from the victim, to December 7, 201, from the time of deceiving the victim six times as shown in the list of crimes in the attached Table, and was given KRW 37 million in total as the borrowed money from the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to C

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of the recommended punishment according to the sentencing guidelines [type 1] The general fraud [type 1] and there is no person who is less than KRW 100 million [the territory of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation, six months of imprisonment through one year and six months of a year;

2. The punishment as ordered shall be determined by taking into consideration all the circumstances indicated in the records, such as the fact that the punishment by deception is not so determined, the damage is not recovered, the same criminal records, the fact that there is no criminal record exceeding the fine, the relationship between the defendant and the victim, the age of the defendant and the victim, the sex, the environment, and the circumstances after the crime;