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(영문) 인천지방법원 2017.07.06 2016고단8490

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 2015, the Defendant is aware of the victim L at the K Office in Ansan-si, Seoul Special Metropolitan City (JJ)'s office in the Seocho-gu, Seoul Special Metropolitan City on June 2015 that “I would like to get the victim L to borrow money from a person who is well aware of his inside to use it as real estate sale price.

It shall be paid out first of all, because it is not paid in 20 million won to a person who will lend such money.

A false statement was made to the effect that he/she will repay all after the month of lending money.

However, in fact, the Defendant was planning to repay the Defendant’s existing obligation to another person who is not a person to lend money from the damaged person, and there was no particular property at the time, and since it was difficult to take the monthly forest road in the residence with the money from the damaged person, even if he borrowed money from the damaged person, the Defendant did not have the intent or ability to enable the injured person to borrow money from the real estate purchase price. The Defendant did not have any intent or ability to repay the money from the damaged person.

On June 21, 2015, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim from the victim to the Saemaul Treasury account in the name of the Defendant, acquired the total amount of KRW 20,000,000 from each remittance on June 22, 2015, and KRW 20,000,000 from June 22, 2015.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of Acts and subordinate statutes to each investigation report (No. 16, 19, 20, 21) by each investigation report (Evidence List No. 16, 19, 20, 21) with respect to the police interrogation protocol regarding M;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, reasons [the scope of recommending punishment] for sentencing of imprisonment [the scope of recommending punishment] and the basic area (from June to January 1, 6) (no person subject to special sentencing] [the decision of sentencing] is recognized by the defendant for four months of imprisonment.

However, damage caused by the instant crime.