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(영문) 울산지방법원 2017.11.16 2017고단2926

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, at the office of the C Co., Ltd. located in Ulsan-gu, Ulsan-gu, around September 25, 2015, lent money to the victim D, who is a workplace partner, as “as much as the money is required to pay the money. It shall be repaid without any condition within three months.

“Falsely false.”

However, in fact, the Defendant did not have any special asset, on the other hand, paid a debt equivalent to KRW 250,000,000,000, such as financial rights and liabilities, with the loan used as the loan, and the remaining loan was thought to be used as money for gambling, and there was no intention or ability to repay the loan even if it was borrowed from the damaged person.

Nevertheless, the Defendant, as seen above, received 6 million won from the injured party to a new bank account in the name of the Defendant on the same day from the injured party, and acquired it by fraud, and received 24,700,000 won in total from April 28, 2017 through remittance from that time to April 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes regarding transaction details;

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

1. The reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Criminal Procedure and Article 62(1) of the Act on the Suspension of Execution] In the mitigated area (one month to one year), [the person who is specially mitigated] [the sentence], or where considerable damage was restored [the sentence] [the defendant obtained by deceiving 24.7 million won from the injured party to use the corresponding amount for gambling money, etc., and it

However, active use of deceptive methods was made.

It is difficult to see the fact that there is no same type of fraud, the damage is recovered, and the fact that an agreement has been reached with the victim is considered as favorable circumstances, and the scale of the damage, the age of the defendant, the sex, family relationship, family environment, and family environment.