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(영문) 춘천지방법원 강릉지원 2018.06.05 2017고단1073

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 17, 2015, the Defendant contacted the victim B, who is his/her own partner, at a non-permanent place at the same time and below Dong-si, and provided a telephone, and even if he/she receives a loan because he/she does not have to pay the money so he/she is urgently required, he/she borrowed money. The Defendant would immediately pay the borrowed money as he/she receives money from his/her mother-gu.

If you do not receive the money immediately from the Gu, the interest shall be paid for each month, and it shall be paid in full within one year.

“The purpose of “ was to make a false statement.”

However, the Defendant, including bonds, was liable to pay approximately KRW 50,000,000 including KRW 50,000,000, and accordingly, there was no intention or ability to repay even if he/she borrowed money from the injured party due to no particular property or income.

Nevertheless, the Defendant was transferred KRW 10,000,000 from the injured party to the Agricultural Cooperative Account under the name of the Defendant on December 18, 2015.

From January 6, 2017, the Defendant received a total of KRW 41,400,000 from the damaged party on seven occasions, as shown in the list of crimes in attached Form.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A detailed statement of account transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a detailed statement of deposit transactions of a complainant and suspect, and repreparation of a crime chart), and a detailed statement of account transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. In full view of the circumstances constituting the sentencing conditions indicated in the records of this case, such as the following circumstances for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, and the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, the sentence like the order shall be imposed.

Unfavorable circumstances: The frequency of crimes and the size of fraud.