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(영문) 춘천지방법원 원주지원 2018.05.03 2017고단1310

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 17, 2014, the Defendant would arrange the employment of the victim D if he/she lends money to the victim D with the funds of the street funds.

The purpose of this paper is to make a false statement to the effect that it is prepared to develop tin acid in Pyeongtaek-gun, and that it is sufficient to perform the natural gas blasting work from the lawsuit for the facility business of the Korea Railroad, and that it is sufficient to satisfy the ability to repay. It received a cash of KRW 3 million from the injured party, from that time, to May 19, 2017, by deceiving the injured party as described in the list of crimes in attached Form 131, and by receiving a total of KRW 76,705,000 from the injured party, from that time, from May 19, 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 to the details of each loan, the detailed statement of account transactions, the results of fund transfer by account transfer, recording records, inquiries about personal credit information, and the detailed statement of account transactions;

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] Article 1 type (100 million won or less) of the Act on the Aggravated Punishment of Concurrent Crimes (10 million won or less) of the Aggravated Punishment (1 to 2 years and six months) of the Aggravated Punishment Act (a special aggravated person] where a defendant commits a crime against an unspecified or a large number of unspecified victims or repeatedly for a considerable period of time (a decision of sentence] all the defendant acknowledges the crime. A total amount of KRW 1845 million was repaid, and there was no history of criminal punishment other than once of a fine. However, it is inevitable to punish the victim by repeatedly deceiving the victim for a long period of time, and because there is considerable damage that has not been repaid, such as taking the amount of repayment up to 58 million won, it is inevitable to punish the victim.

The above circumstances include the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.