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(영문) 인천지방법원 2019.08.20 2019고단3998

사기

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

around October 2017, the Defendant concluded that “Around October 2017, the Defendant, at the vicinity of the Defendant’s residence located in Gangwon-gun, was contacted to the Defendant Nonparty B, who was the neighbor, by saying, “The Defendant, who was married to the Republic of Korea on a male and a document, who was in his/her past marriage, and was dead, that he/she would inherit a building of approximately 8 billion UN at the market price. However, expenses are required. If the Defendant leased money, he/she would dispose of it by using it as expenses, and then dispose of it.”

However, in fact, the defendant used money borrowed from the victim as gambling money and living expenses, etc. or intended to repay personal debts, but did not have any idea to use it for expenses related to inherited property, and there was no intention or ability to pay the money borrowed from the victim due to no particular income.

Nevertheless, on October 14, 2017, the Defendant, by deceiving the victim as above, received KRW 500,000 from the victim’s Dong C account in the name of the Defendant’s Dong C, and received KRW 37,000 from that time to March 25, 2019, total sum of KRW 31,7,030,00 from that time, as indicated in the crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A remittance statement and a bank transaction statement;

1. Application of Acts and subordinate statutes to custody certificates or recording records of cash;

1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, and the Defendant’s reason for sentencing choice of imprisonment is contrary to the recognition of the crime.

After being prosecuted, 2.4 million won was paid to the victim and the remainder was agreed with the victim on the condition that the victim shall pay one million won per month.

However, the defendant has been punished eight times (4 times of suspension of execution, 4 times of fine) due to fraud, and among them, there is a fraudulent act committed by the husband who is Japan, but there is no good character of crime by committing any similar type of crime at this time.

In particular, on January 17, 2016, the suspension of the execution of imprisonment with prison labor for six months was sentenced to two years, and around that time.