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(영문) 춘천지방법원 강릉지원 2017.01.25 2016고단1404

사기

Text

Defendant shall be punished by a fine of four million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On December 2, 2014, the Defendant met the victim D who was under trial in the appellate court due to a special theft suspicion in the 413-15 Gangseo prison C, which was the mutual aid of Gangseo-si, and committed as if he had a relationship of relationship with E with the victim in the appellate court against the victim.

On January 29, 2015, the Defendant stated that “Around January 29, 2015, the Defendant would make an agreement with the victim prior to the pronouncement of the lower court’s appellate judgment on the part of the victim, who was the victim of the theft of the thief.”

However, as the defendant did not know the president of the F Hotel, even if he received the money from the injured party, he did not have the intention or ability to use it as the agreed money.

Around February 6, 2015, the Defendant deceivings the victim as above, and acquired the money from the victim to the account in the name of his wife G from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes to each investigation report (H and I telephone communications);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommending punishment] General Fraud, taking into account the following factors: (a) the mitigation area (agreement, month of imprisonment or less than KRW 100 million) [decision of sentence] of the same type repeated crime period; (b) the recidivism period during the same type repeated crime period; and (c) the necessity for strict punishment.

However, the defendant shall be sentenced to a fine by escaping from the lower limit of the sentencing guidelines in consideration of the fact that the victim has reached an agreement, the amount of damage, the scale of the defendant's family environment, etc. at the latest, and the defendant's punishment shall be determined as ordered.