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(영문) 청주지방법원 2017.11.16 2016고단2745

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 200,000 won to the applicant B.

Reasons

Punishment of the crime

On July 15, 2016, at a place where the place of Incheon is unknown, the Defendant sent a Kakao Stockholm message to the victim B via the victim B.

In the event of installment savings maturity of the Do and Jeju, 150,000 won, the Criminal Justice shall pay 10,000 won to the account of the Do."

However, in fact, the defendant needs to use money for the cost of living, did not intend to send money to the police criminal account, and even if he borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, as seen above, the victim made a false statement to the victim and 150,000 won in the account in the name of the National Bank C on July 15, 2016, and 50,000 won in the same account on July 16, 2016, were acquired by transfer from the victim to the same account on which 50,000 won was remitted from that time to September 24, 2016.

Summary of Evidence

1. Each police statement made in relation to D and B;

1. Each statement of E, F and G;

1. Report on internal investigation ( telephone communications with the nominal owner of the account used for committing the crime with H);

1. Return of each financial transaction information;

1. A written confirmation of transaction details, details of deposit and withdrawal transactions, verification of the results of fund transfer management, inquiry of transaction details of free savings deposits, specifications of transaction, and personal financial transaction inquiries;

1. Application of Acts and subordinate statutes to membership applications;

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

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

1. The reason for sentencing an order for compensation [the scope of a recommended sentence] There is no basic area (one to one year and six months) (the person who is subject to special sentencing] of category 1 (the period from June to one year) (the person who is subject to special sentencing] of the general fraud [decision of sentence] The factor for sentencing unfavorable to o is not supported by recovery of damage. There is a same record. The factor for sentencing favorable to o is not so large. The amount of damage is not so large. In addition, the sentencing conditions under Article 51 of the Criminal Act are comprehensively taken into account the sentencing conditions under Article 51 of the Criminal Act.