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(영문) 춘천지방법원 속초지원 2019.07.24 2018고단235

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On May 9, 2016, the Defendant was sentenced to imprisonment with prison labor for 10 months for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Doing Vehicles) in Red Support by the Daejeon District Court, and the judgment was finalized on December 9, 2016.

【Criminal Facts】

On August 12, 2016, the Defendant stated that “A victim C is not able to establish a Skinscoo scoo scoo scoo scoo scoo scoo scoo scoo scoo scoo scoo scoo. If the Defendant borrowed KRW 20 million, the Defendant would have paid the interest of the Lart scoo scoo s

However, in fact, the Defendant did not actually secure funds for the establishment of a set, and the establishment of a set was not confirmed by itself, such as the site for the establishment of a set, and there was no specific property or revenue at the time, and there was no intention or ability to repay the set, even if the Defendant borrowed money from the victim due to no special property or revenue at the time.

Around 17:20 on the same day, the Defendant, by deceiving the victim as above, received money of KRW 20 million from the victim to the Suhyup account (D) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of a remittance receipt, a copy of a letter, a detailed statement of entry into and departure from a fisheries cooperative account under the name of the defendant, and a business plan for the operation of Skinscoot;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (the fact that the period of suspension of execution of punishment is period and the confirmation of latter concurrent crimes of Article 37 of the Criminal Act) and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The punishment as ordered shall be determined by taking into account all the conditions of sentencing, including equity in the case of judgment, age, character and conduct, environment, circumstances of crime, means and result, etc., with reasons for sentencing under the latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Act, and the circumstances after the crime.

The defendant. The defendant.