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(영문) 춘천지방법원 강릉지원 2019.05.03 2019고단375

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal power] On April 9, 2019, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (ththief) in Gangnam Branch Branch of the Chuncheon District Court, and on April 17, 2019, the written indictment was stated as the “Act on the Aggravated Punishment, etc. of Specific Crimes (thief).” However, it

The above judgment became final and conclusive.

【Criminal Facts】

On September 2, 2018, when the Defendant lent 80,000 won to the victim C through mobile phone D at the location of the defendant's residence located in Daejeon Dong-gu, Daejeon around September 2, 2018, the Defendant would pay off without any one month.

‘Falsely speaking to the effect that ‘’ was false.

However, at the time of fact, the defendant did not have any particular workplace and there was no fixed revenue source, and since the money in the defendant's account was scheduled to be paid with handphone use fees and rent, there was no intention or ability to pay it normally even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 800,000 from the victim to the post office bank (E) account in the name of the Defendant and acquired the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Transfer certificate;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the confirmed facts, etc. as a result of judgment), and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (it shall be taken into account the fact that the amount of damage has been partially repaid and that the amount seems to have been caused by willful negligence. Consideration of equity with the case that a judgment is to be rendered concurrently with the crime of previous conviction in which