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(영문) 수원지방법원 성남지원 2021.03.11 2020고단836

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 4, 2017, the Defendant made a false statement to the effect that “A victim B is entitled to inheritance of KRW 100 million and operates an Internet shopping mall, and he/she is entitled to pay off money if he/she borrowed money as he/she is urgently required.”

However, in fact, the Defendant was thought to use his personal debt repayment, such as paying a monetary loan from the injured party, while there was no special property or special income at the time, but a credit card company has paid approximately KRW 25 million with a debt in arrears with a credit card, etc., and there was no intention or ability to pay the debt even if he borrowed money from the injured party, because the Defendant had to pay approximately KRW 600,000 per month.

Around July 4, 2017, the Defendant: (a) by deceiving the victim as above; and (b) received KRW 2.8 million from the victim to the account of the Defendant’s bank account; (c) and (d) received money totaling KRW 1,461,00 from the victim four times in total from July 24, 2017, as indicated in the list of crimes in the attached Table from July 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of statutes on the transfer of funds and the Kakao Stockholm content

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 Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, deceiving himself/herself of his/her financial history, thereby deceiving 1,4610,00 won from the damaged person.

In light of the contents of the crime of this case, including the content of deception and the amount of deception, and the fact that there are many criminal records of the defendant, the absence on the date of the sentence several times, etc., which are disadvantageously not bona fide in the judgment, the fact that there is no record of punishment exceeding the fine, and the fact that the victim has agreed after partial repayment of the victim and the victim has not want to be punished.

otherwise, the age of the defendant;