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(영문) 울산지방법원 2017.04.20 2017고단283

사기

Text

A defendant shall be punished by imprisonment for seven months.

The defendant shall pay 64,140,000 won to the applicant for compensation. The above compensation order shall be issued.

Reasons

Punishment of the crime

On February 7, 2012, the Defendant made a false statement to the victim B, who was aware of it in the new fixed market No. 40-5, Nam-gu, Ulsan-gu, Ulsan-gu, No. 102, 40-5, stating, “I will pay the interest of KRW 100,000 per month on the loan of KRW 1,000,000 per month if the school expenses for children are required.”

However, the defendant did not have any intention or ability to pay the damages even if he borrowed money from the victim because there is no particular income.

As a result, the Defendant, by deceiving the victim and being granted KRW 1,00,000 from the victim, for the purpose of borrowing money from the victim, was given a total of KRW 64,140,000 over 61 times as shown in the list of crimes in the annexed crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol concerning B (including the statement section No. 5 B at a net time);

1. Application of the Acts and subordinate statutes on response to complaint, loan certificates, details of transactions and age assessment information corporation;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. 배상명령 소송 촉진 등에 관한 특례법 제 25조 제 1 항, 제 31조 제 3 항 [ 양형이 유] 양형기준 : 징역 6월 ~ 1년 6월 ☞ 일반 사기 1억 원 미만 기본영역 편취 규모나 피해 미회복, 피해자의 처벌 희망의사, 실형을 포함한 동종 전과 관계를 종합하되, 기록과 변론에 나타난 범행 경위, 반성태도 등 여러 정상을 아울러 참작하여 양형기준 범위 내에서 주문과 같이 형을 정함