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(영문) 수원지방법원 안산지원 2018.09.12 2018고단2106

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 1, 2015, the Defendant was released on September 30, 2016, and the parole period expired on November 29, 2016 while serving in prison after having been sentenced to one year of imprisonment for fraud in the support of Suwon Fagwon, Gagwon.

【Criminal facts】 The Defendant is close to the victim E at a mutually infinite coffee shop near the “D Hospital” located in the Mansan-si, Ansan-si, Masan-si, on December 2016.

In addition, if you usually invest 10 million won, you can gain a profit of KRW 1 million on the last day of each month.

If you invest 10 million won as of the last day of each month, I will pay 1 million won as of the last day of each month.

When principal is required, it was false that the principal will be repaid in full at any time only 15 days before the principal is paid.

However, in fact, the Defendant was trying to purchase a horse directly with the money received from the injured party and do not engage in the payment in the horse in the horse, and even if the Defendant borrowed money from the injured party due to no special occupation, there was no intention or ability to pay the interest or principal.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received the money of KRW 10 million from the victim to the national bank account (F) in the name of the Defendant from the victim on January 6, 2017; and (c) received a total of KRW 18,30,000 from that time until February 2017, the Defendant received a total of eight times as shown in the list of crimes in the attached Table from the end of February 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Financial transaction details (E) and financial transaction details (G);

1. Previous convictions in judgment: To apply investigation reports (the status of criminal records in the same kind of defendant, written judgments and personal confinements), criminal experiences and other inquiries made by statutes;

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Application of the sentencing criteria [the scope of the recommended punishment].