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(영문) 수원지방법원 안산지원 2017.07.11 2017고단864

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around January 2015, the Defendant had a debt to be paid individually at the time in his/her own residential premises, which had been located in Ansan-gu, Seoul Apartment Co., Ltd., 1205 Dong 1004 and 1004, and it was difficult for both the husband and himself/herself to prepare living expenses without any special occupation. Since from around 2013, the Defendant was unable to repay the money of KRW 5,000,000,000,000,000,000,000,000,000,000,000,000 won, and there was no intention or ability to repay the money from others.

Nevertheless, the Defendant, who was introduced from the above D at the above date, at the above time and place, made a false statement to the effect that “the payment business is made against the merchants in the Dongdaemun-gu market, and there is a high rate of profit.” The Defendant, who received a total of KRW 11,941,150 from January 14, 2015 to May 11, 2016 from the victim E, received a total of KRW 11,941,150 from the victim E and received a total of KRW 11,391,150 during the above period as shown in the list of crimes in the attached Table, and acquired it by receiving KRW 211,391,150 from the victim during the above period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, G, H, I, J, K, and L;

1. Complaint;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (to be comprehensively included by the victim and to select a sentence of imprisonment);

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] The basic field (8 to 4 years) of Type 2 (not less than KRW 100 million, but less than KRW 500 million): No rise in the first step [the person subject to special sentencing] as a result of combined crimes (the decision subject to special sentencing] is recognized as having an attitude against the defendant, and there are no other records of punishment.

However, the defendant acquired a large amount of money from several persons for a long time.

It shall not be recovered as much as the amount recorded in the facts constituting an offense.