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(영문) 창원지방법원 2018.08.22 2018고단991

사기

Text

In the case of crimes No. 1 to 42 listed in the list of crimes in the annexed crimes in the judgment of the defendant, the same order is 6 months of imprisonment.

Reasons

Punishment of the crime

[Criminal Records] The Judgment of the Changwon District Court rendered on August 10, 2017: Imprisonment with prison labor for six months and one year of suspended execution: The final judgment rendered on August 18, 2017 / [criminal facts] The defendant needs to pay money to the victim D in the "C" alcohol house located in Sungwon-gu, Changwon-gu, Changwon-si, Changwon-si, Seoul, around October 4, 2015.

Last, her husband will pay a monthly wage if he/she receives a monthly wage.

“A false representation was made.”

However, the fact was that the defendant was divorced with the husband at the time, although the husband sent the child support, it was not sufficient to cover the interest of the bonds and the living expenses, and there was no intention or ability to pay it even if he borrowed money from the victim, such as there was no specific property.

As above, the Defendant, as well as from September 22, 2017, received 76,723,800 won in total from September 22, 2017, from the time to September 22, 2017, by deceiving the victim and receiving transfer of KRW 980,00 from the victim’s account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Sentence of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to be aggravated for concurrent crimes: Imprisonment with prison labor for six months and imprisonment for two months: The grounds for aggravating one month: 6 months and imprisonment for six months: Confession of a large amount of fraud (aggravating KRW 76720,00), the grounds for mitigation, such as recovery of damage: Confession, the previous criminal records (the amount by fraud: KRW 10 million; 4.3 million; hereinafter referred to as the amount of redemption); divorce, etc.;