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(영문) 수원지방법원 안산지원 2016.02.18 2015고단3149

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On September 8, 2011, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the District Court of Jung-gu, which became final and conclusive on November 18, 2011.

On January 15, 2011, the Defendant, at the D office located in Daejeon Seo-gu Daejeon Seo-gu Daejeon, held several events, such as elementary, middle and high school study travel, etc., to the victim E, and the principal would be repaid immediately with the loan of 30% of the money due to lack of expenses.

“False speech” was made.

However, there was a situation in which not only the victim but also the victim has a debt of 5-600 million won to lend money from many people, thus preventing the return of the borrowed money to pay the interest, etc., and even if the events have not been held, there was no intention or ability to pay the interest and the principal by the operation of the travel agency even if the victim borrowed money from the victim.

The defendant deceivings the victim as above and receives 11,860,000 won from tin to 17th day of the same month and 18,000,000 won from her national bank account under the name of the defendant from the victim as above, and the same year.

3. 8. The amount of the check shall be KRW 55,00,000 shall be given one copy of the check to himself, and the amount of KRW 23,814,00 on the 18.th. of the same month shall be given delivery of KRW 108,674,00 in total, such as the transfer of KRW 23,814,00 in the national bank account under the name of

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Each description of the complaint, a copy of payment note, a check copy, and a statement of transaction;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes described in subparagraph (A) of investigation reports (verification of crimes before a final and conclusive judgment), investigation reports (including confirmation of the previous records and attached judgments), and references to criminal records;

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, That the reason for sentencing of Article 39(1) falls under the latter part of Article 37 of the Criminal Code, and thus, the amount of unapplicable sentencing guidelines is larger and the recovery of damage is larger.