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(영문) 청주지방법원 충주지원 2017.06.30 2016고단830

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 19, 2014, the Defendant called “C Company” office located in Sinpo-si B, Sinpo-si, Sinpo-si, Mapo-si, that “The Defendant would immediately lend the victim D with money in need of agreement in connection with the assault case.”

However, at the time, the Defendant did not need to reach an agreement because of the fact that he was involved in the assault case. At the time, the income was not paid monthly from the “E” company at the time, and there was no intention or ability to complete payment even if he borrowed money from the damaged party due to the circumstance of the obligation of KRW 150 million and KRW 150 million.

Nevertheless, the Defendant received a total of KRW 22 million from the date of transfer from the injured party to his own corporate bank account on the same day, and received a total of KRW 22 million from February 4, 2015, as indicated in the list of crimes below.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A complaint filed in D;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes to each investigation report (as to the confirmation of details of passbook transactions, reporting on the submission of detailed statement of suspect account transactions)

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;

2. Even when considering the fact that the Defendant who was sentenced to the sentence all of the instant crimes led to the confession and reflect of all the instant crimes, and that the Defendant was the first offender who did not have any previous criminal record, the Defendant shall be punished by imprisonment with prison labor, taking into account the fact that the amount acquired by the Defendant was not a certain amount of 22 million won, but did not recover any damage.