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(영문) 청주지방법원 2016.06.16 2016고단324

사기

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and four months for fraud in the Cheongju District Court Assistance, and the said judgment became final and conclusive on February 22, 2016.

The defendant is scheduled to prohibit the missionary center to the victim C, and the credit is opened from a foreign country to enter money.

“.......”

On August 5, 2013, the Defendant need to pay a fee to the victim for finding money from the credit that was issued at a point in the territory of one bank.

The phrase “ makes a false statement.”

However, the defendant did not plan the missionary center at the time, and did not receive money from a foreign country, and tried to use money from the injured party for living expenses, etc., and did not have any specific property and did not have any intent or ability to pay the money to the injured party.

As such, the Defendant, by deceiving the victim, received the remittance of KRW 9 million from the victim to the post office account (D) in the name of the Defendant on the same day.

In addition, the Defendant received a total of KRW 15.2 million from the victim to September 25, 2013 on a total of six occasions under the name of the borrowed money, as stated in the list of crimes, from around June 21, 2013 to around September 25, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions and details of transactions of general loans;

1. Previous records of judgment: Investigation reports (verification of the details of pronouncement of separate judgments and attachment of related judgments), criminal history, and application of Acts and subordinate statutes after inquiry;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes: The circumstances favorable to the fact that no agreement has been reached with the victim are committed.