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(영문) 의정부지방법원 고양지원 2020.01.17 2019고단2683

사기

Text

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

Reasons

Punishment of the crime

On October 11, 2018, the Defendant knew that the victim C’s sole house located in Pakistan-si, Pakistan-si, was destroyed by an unidentified fire, and that the victim was able to newly grow the said house, and had the victim discovered that he had a person to get out of the said house, he had the intent to defraud money by deceiving the victim’s house as if he were to put out the victim’

On November 2018, the Defendant made a false statement to the victim that “I will leave the above house that was destroyed by fire.”

However, in fact, the defendant used the money received from the victim for gambling money, or did not have the intent or ability to block the victim's housing.

Around November 28, 2018, the Defendant received from the victim KRW 6 million in the E Bank account (F) in the name of D as design expenses, KRW 24 million in the name of G in the name of business bank (H) in the name of G in the same day, KRW 40 million in the loan account in the name of the above business bank account on December 14 of the same year, KRW 30 million in the name of the above business bank account in the name of the loan, KRW 30 million in the name of the above business bank account in the name of the construction contract deposit on or around the 24th of the same month, and KRW 56 million in the aggregate as the above business bank account in the name of electrical construction expenses and installation expenses on or around the 28th of the same month.

Accordingly, the Defendant, as seen above, was given a delivery of KRW 156 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of deposit transactions and the application of Acts and subordinate statutes on the statement of money;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years;

2. The fact that the Defendant, who was sentenced to the sentence, recognized the instant crime and reflected his mistake is favorable to the Defendant.

On the other hand, the crime of this case is committed.