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(영문) 수원지방법원 2015.08.12 2015고단2090

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 27, 2008, the Defendant concluded that, at the victim F's house of the victim F, the Sungnam-si, Sungnam-si, Kim Jong-gu, 208 Dong-gu, 1503, “The principal shall be returned at any time, and the interest of 20 million won shall be paid at any time if necessary, and the amount of the principal shall be paid at 2% per annum, and even if the apartment was sold after the use of the part payment for the part payment for the apartment, the amount of KRW 20 million shall be paid.”

However, at the time, the Defendant did not have purchased apartment units in the Yongsan-gu0 district, and was intended to use the money from the victim for the settlement of debts and credit card payments to others, and even if there was no particular occupation and property at the time, there was no intention or ability to repay the money from the victim.

Ultimately, the Defendant, by deceiving the victim and receiving KRW 20 million from the victim, was delivered to the victims a total of KRW 246 million from September 27, 2008 to August 16, 2012, as stated in the separate crime list, as well as from September 27, 2008 to August 16, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of F, G, and H;

1. The details of deposits from an account, a certified copy of the register, the details of financial transactions, and the application of Acts and subordinate statutes on loan receipts;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] The basic area (1-4 years) of types 2 (100 million won or more, and less than 500 million won) of the Criminal Act / [decision of sentence] the Defendant committed the instant crime against the victims known through his/her child during a considerable period of time, the amount of damage is not significant, the damage is not recovered, the damage is not recovered, the Defendant recognized his/her mistake, and the Defendant borrowed money for a considerable period of time after the Defendant borrowed money.