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(영문) 춘천지방법원 원주지원 2016.12.06 2016고단985

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around February 19, 2009, the Defendant had to pay money to the victim B, who was aware of the fact that he borrowed KRW 10,000,000 from his friendship-gu under the pretext of the marriage fund of children, at the time of his lending of KRW 10,000,000,000. When the Defendant borrowed KRW 10,000,000,000, the Defendant made a false statement to the effect that he would without fail, until December 27, 2009.

However, there is no intention or ability to properly repay even if the Defendant borrowed money from the victim, because the Defendant has accumulated a debt equivalent to about KRW 30 million in the absence of any particular property at that time, and there is no intention or ability to pay the debt up to KRW 1 million per month.

In addition, the Defendant received from the victim the sum of KRW 9.5 million, cash KRW 5 million, etc. from the victim’s house at the time of the incident, and from the time of the occurrence, the Defendant received from the victim the sum of KRW 10,000,000 from the victim.

8. Until December, 198, the victims received total of KRW 37 million, such as the content in the annexed list of crimes, from four victims.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made in relation to D, E, F, and B;

1. Certificates of borrowing and certificates of cash custody;

1. Application of Acts and subordinate statutes on the details of transfer and transactions in each account;

1. The pertinent provision of the criminal facts, Article 347(1) of the Criminal Act, the reason for sentencing of the choice of punishment [the scope of recommendation] general fraud [the grounds for sentencing of imprisonment] and there is no basic area (6 to 1 year and 6 months) [the person who is a special person] [the sentence] [the decision of sentence] in June], the defendant acquired 37 million won from four victims, and the defendant did not recover the damage yet and did not make any effort to recover the damage.

However, there is no history of criminal punishment against the defendant.

These circumstances and the defendant's age, occupation, character and conduct, and crime.