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(영문) 수원지방법원 2020.01.16 2019고단5119

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 16, 2017, the Defendant made a false statement to the effect that “The Defendant would purchase and construct the land of 160 square meters in the vicinity of the right fix-dong in the Suwon-si, Ansan-si and the office of the victim C of the 3rd floor of Ansan-si.” The Defendant made a false statement to the effect that “The purchase of the land is insufficient to cover KRW 200 million.” The case of lending money may also be the case, and interest shall be paid later.”

However, there was no purchase of the above land at the time, and there was no fund for the Defendant’s construction of the building, and there was no funds, and there was no economic situation to the extent that the building was provisionally seized due to tax delinquency. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money.

As such, the Defendant, by deceiving the victim, received 200 million won from the victim to the Agricultural Cooperative Account in the name of D on the same day under the pretext of borrowing money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Suspect A E;

1. Application of Acts and subordinate statutes to investigation reports (F telephone calls for reference), investigation reports (Submission of a suspect A building register);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years.

3. The crime of this case, which was sentenced, was committed by the defendant by taking advantage of the victim's trust in the defendant, and the crime of this case was committed by the victim, and the nature of the defendant is not good in light of the relationship between the defendant and the victim, the circumstances of the crime, the place of use of the damage amount

Although considerable time has passed since the crime was committed, most of the damage suffered by the victim is significant.