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(영문) 수원지방법원 2018.06.08 2018고단1638

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who works as a vice head in C, a corporation located in Si interest, from June 2013 to February 2, 2016, and has been in charge of business and purchase.

On September 13, 2014, the Defendant called the victim D on September 13, 2014, and there is a lack of expenses for the production of samples from the Company as an automatic third party.

A false statement was made to the effect that “I will use only 50,000 won loan, and return with interest added.”

However, in fact, the Defendant was thought to borrow money from the injured party to use it as entertainment expenses or living expenses, etc., and as at the time of bad credit standing, the Defendant did not have any intent or ability to repay the said borrowed money at the time of the agreement.

The defendant deceivings the victim as above and transferred KRW 500,000 to the Suhyup Account (E) of the name of the defendant on the same day from the victim.

In addition, from around that time to June 15, 2015, the Defendant deceivings the victim 37 times in total, such as the list of crimes in attached Form 38,310,000, and acquired it by remitting it to the above account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written confirmation of the transfer result and text details;

1. Investigative reports (credit assessment inquiries and health insurance details), and inquiry into credit assessment;

1. Application of Acts and subordinate statutes to the petition for complaint and supplementary statement for complaint;

1. The grounds for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act [the scope of recommending punishment] [the scope of recommending punishment] No person who has no basic area (from June to January 6) [the person subject to special sentencing] [the sentence] [the decision of sentencing] [the defendant's age, sex, sex, family, family relation, family environment, motive and means of a crime, circumstances after a crime, etc. shall be comprehensively taken into account the sentencing conditions in the trial process of this case, including the defendant's age, sex, family relation, family environment, motive and means of a crime, and circumstances after a crime, etc., the sentence as ordered.

The favorable circumstances: the attitude of the defendant to reflect, such as recognizing the defendant's wrong and submitting the rebuttals on several occasions.