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(영문) 창원지방법원 통영지원 2019.09.24 2019고단384

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2017, the Defendant made a false statement to the victim D, “C” restaurant located in Tong Young-si B, Tong Young-si, and “I will pay monthly pay if I lend one million won to the victim D.”

However, in fact, the Defendant was in bad credit standing equivalent to KRW 20 million at the time, and even if the Defendant borrowed money from the victim due to economic difficulties such as absence of a certain occupation, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received KRW 1 million in cash from the victim, that is, from the victim’s seat. From around that time to August 22, 2017, by deceiving the victim as shown in the annexed crime list, and obtained a total of KRW 1,95,00 from the victim seven times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Confirmation of fact, confirmation of performance, and notarial deed;

1. Application of Acts and subordinate statutes governing the details of transactions of EUnion accounts in the name of the complainant, and the conversation between the complainant and the defendant;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime (the point of each crime above), the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Reduction elements of less than KRW 100,00 (special-purpose persons) (type 1): In cases where a person intentionally commits a deceptive act in an incomplete manner, or the degree of deception is weak (the recommended area and the scope of recommendations), reduction area, and up to one year;

3. According to the sentence sentence text messages (Evidence No. 7), the defendant formed a close relationship with the victim for the purpose of borrowing money, and around December 2018, from the date an investigation was conducted by an investigative agency to the court.