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(영문) 창원지방법원 2019.08.14 2019고단1235

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 2017, the Defendant called the victim C at the Dda operated by the victim C in the Hayang-Eup, Hayang-si around 2017, and it was difficult for the Defendant to look at the land compensation, attorney fee, and the large amount of money.

On March 27, 2017, the Defendant stated that “The Defendant had a house in Changwon-si E, but did not have been punished by a fine of KRW 500,000,000,000,000,000,000,000,000,000,000,000 won.”

However, the above words were not true, and even if they borrowed KRW 500,000, there was no intention or ability to pay the money.

The Defendant, by such means as deceiving the victim, received 500,000 won in cash from the victim as the borrowed money.

In addition, the Defendant received 110,660,00 won in total from the victim by means of cash, check, or transfer to another person’s account in the name of another person on 111 occasions on the following grounds: (a) from March 27, 2017 to February 13, 2018, i.e., the amount of fine paid from the victim from March 27, 2017 to February 13, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes, such as a report on investigation (including the submission of a detailed statement of transactions of bankbooks who have filed a complaint, the submission of data on finance);

1. In full view of the relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reasons for the sentencing of the sentence of imprisonment option, the method and amount of damage therefrom, as well as the following circumstances, including the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence as ordered shall be determined by taking into account all the following circumstances.

D. Unfavorable circumstances: The Defendant, as a result of the instant crime, acquired an amount exceeding KRW 100 million from the victim by fraud during the period of 11 months.