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(영문) 수원지방법원 안산지원 2019.05.29 2018고단3136

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around December 14, 2017, the Defendant stated that “A office located on the fifth floor of the building B in Ansan-si, the Defendant shall pay a fine to the victim D, who was a worker, who had been at work, for a traffic accident, at the time of the traffic accident. When entering the monthly salary on January 25, 2018, the Defendant shall pay a fine.”

However, at the time, the defendant tried to borrow money from the victim for gambling, and even if he/she borrowed money from the victim with approximately KRW 100 million of personal debt, he/she did not have the intent and ability to pay the money.

Nevertheless, the Defendant, by deceiving the victim and receiving KRW 1,00,000 from the victim, and from that time until June 10, 2018, acquired the total amount of KRW 16,00,000 from that time, as shown in the list of crimes, from June 10, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. A criminal investigation report (Submission of details of transactions of a suspect), a criminal investigation report (Attachment of reference materials to suspect I), and a criminal investigation report (Submission of reference materials);

1. Application of Acts and subordinate statutes on photographs, remittance results confirmations, J dialogues, details of transactions (K), inquiries about details of transactions, and specifications of transactions by account;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

2. According to the decisions of sentence, the sentencing conditions stated in the records, such as the following circumstances and the Defendant’s age, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission

Unfavorable circumstances: Circumstances that are favorable to many victims.