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(영문) 청주지방법원 2019.05.23 2018고단2456

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around March 10, 2018, the Defendant stated that “A victim D would have to put up the number of days to 20 million won” to the Defendant at a C cafeteria located in Cheongju-si B, Cheongju-si, the Defendant made a false statement to the Defendant that “A victim D would have borrowed 20 million won to 20 million won as interest in one month during which the 20 million won or more was located.”

However, the defendant was in arrears with national taxes of 5 million won without any specific income or property at the time, and even if he borrowed money from the victim, he did not think that he would use it as money for gambling, but did not have an intention or ability to pay the interest promised to the victim or to return the principal.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the F Association account (G) in the name of the Defendant’s wife E on March 19, 2018, KRW 5 million to the same account on March 23, 2018, and KRW 10 million to the same account on March 26, 2018, respectively.

Accordingly, the defendant was given a total of KRW 20 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to account transfer statements and text messages outputs;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The fact that the nature of the crime is not good in light of the background of the crime and how the crime was committed, and the circumstances favorable to the fact that the crime was committed again despite the past record of several times of punishment for the crime of this type: The victim and the victim have agreed smoothly, the fact that there was no past record of punishment for the same crime, and all other circumstances, which form the conditions for sentencing, such as the defendant's age, character and behavior, environment and conditions before and after the crime, shall be determined as the sentence as per Disposition, taking into account