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(영문) 전주지방법원 정읍지원 2017.08.24 2016고단196

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, on March 2013, at a place where it is impossible to identify a place less than that of the former Northwest-gun, shall give full payment to the victim B, who was a towing workplace, with no money to open a health care room in the department. When the Defendant borrowed money, he/she opened a health care center and repaid the money.

‘False speech' was made.

However, even if the defendant borrowed money from the injured party, he was the intention to use it for living expenses or repayment of debts, and there was no intention or ability to open a healthcare.

On March 22, 2013, the Defendant was transferred KRW 6 million from the victim’s personal account (Account Number C) in the name of the Defendant.

The Defendant, from around that time to April 24, 2016, by deceiving the victim B and the victim D in the same way over 15 times in total, as shown in the list of crimes in the attached Table of crimes, from North Korea, and received delivery of KRW 52,200,000 from the victims.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D or B;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for the crime (to be comprehensively applied to each victim, and to be punished by imprisonment);

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are subject to criminal punishment, and the defendant committed serious property damage to the victims by taking account of the fact that the victims are somewhat lack of separation of power, and the damage was not recovered at all, and other various sentencing conditions specified in the arguments in the instant case, including the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, shall be determined as ordered by the disposition.