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(영문) 수원지방법원 2019.11.27 2019고단4946

사기

Text

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

Reasons

Punishment of the crime

[Criminal Power] On July 19, 2019, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Suwon District Court, and the judgment became final and conclusive on October 18, 2019.

【Criminal Facts】

On May 2017, the Defendant made a false statement to the effect that “The Defendant would pay to the Victim B, who was a policeman, to use the loan. If the Defendant borrowed the loan with money, the deposit of KRW 50 million will be due for five months after the maturity of five months, and shall be repaid with the installment savings.”

However, at the time of fact, the defendant was deposited only with the subscription savings for housing equivalent to KRW 3.9 million, and there was no money remaining after being used for living expenses and repayment of debts with monthly income due to a large number of personal debts. Since profits were only raised by insurance fraud, there was no intention or ability to repay the borrowed money to the victim.

Nevertheless, the Defendant, as above, by deceiving the victim and deceiving it from the victim on May 23, 2017, obtained cash of KRW 10 million from the C Bank located in Suwon-si, and acquired KRW 15 million in cash from the same place around May 29, 2017, and acquired KRW 5 million in cash from the same place.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Loan certificates, the Kakao Stockholm dialogues, the details of account transactions, and replys to D Co., Ltd. and data submitted to victims;

1. Division: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

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

1. The punishment as ordered shall be determined by comprehensively taking into account the circumstances following the sentencing reasons under the latter part of Articles 37 and 39(1) of the Criminal Act, and other conditions of the sentencing recorded in the records, such as the defendant's age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the crime

There is a record that the defendant was given a disposition to transfer juvenile protection cases due to the same criminal conduct.

- did not recover from injury.

- All favorable circumstances - the defendant has agreed to commit the crime of this case.