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(영문) 춘천지방법원 2018.08.23 2018고단476

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 13, 2016, at around 11:00 on May 13, 2016, the Defendant concluded that “A bank shall deposit KRW 1.50,000 with our bank, which shall not be withdrawn due to Bosishing,” with the victim C, who is in the master’s degree of Chuncheon, would make a false statement to the Defendant, stating that “A bank shall make a deposit with KRW 150,000,000,000,000,000,000,000

However, as above, the Defendant did not have any circumstance where the passbook deposited in large amount was suspended from transactions. At the time, the Defendant did not have any property, while at the time, did not have any personal debt worth KRW 200 million, and thus, the Defendant did not have any intent or ability to complete payment even if she borrowed money from the victim.

As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 6,00,00,000 from the victim to the Agricultural Cooperative Account (D) under the name of the Defendant; and (c) from around that time to November 21, 2017, the Defendant transferred KRW 226,360,000 in total over 65 times from that time, as indicated in the list of crimes in the attached Table of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to accusations, details of financial transactions, ledger of transactions, investigation reports (Attachment of a detailed statement of deposit transactions), personal credit information, investigation reports (revision of Crime List) and investigation reports;

1. Article 347 (1) of the Criminal Code in relation to the crime is the same victim, but the content of deception is different, and thus, it shall be deemed that the crime is committed.

1. Selection of each sentence of imprisonment;

1. The following are the circumstances favorable to the Defendant: (a) the Defendant appears to have committed a crime with the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act by aggravation of concurrent crimes; and (b) the Defendant appears to have committed a crime against himself/herself.

However, in light of the fact that the defendant acquired money exceeding KRW 200,000 in total over several times by deceiving the victim, and the method and frequency of the crime, etc., the crime is not good, and the defendant is punished by imprisonment or fine on several occasions.