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(영문) 의정부지방법원 고양지원 2018.01.31 2017고단3554

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 24, 2014, the Defendant was sentenced to three years of imprisonment for a crime of fraud in the Goyang Branch of the Jung-gu District Court, and the execution of the sentence was terminated on January 20, 2017.

[Criminal facts]

1. On February 15, 2017, the Defendant: (a) on February 15, 2017, at the E coffee shop located in Seongbuk-gu, Daegu Metropolitan City; and (b) on February 15, 2017, the Defendant: (c) stated, “The Defendant had no intention or ability to repay the said amount even if the Defendant did not lose the said amount of the said amount of the money, and the Defendant had no intention or ability to repay the said amount of money to the victim F. who became aware of the loss of the check at the expense of KRW 580 million.”

Nevertheless, the Defendant, as above, made a false statement to the victim and received a total of KRW 42 million from the victim, namely, KRW 37 million per page and KRW 50 million per 1 million check.

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

2. On March 27, 2017, the Defendant phoneed the victim F with the victim F at the seat of the emergency on March 27, 2017, and there is no USD 10 to Turkey.

US dollars shall be repaid with many women who lend them.

In fact, the Defendant did not have any intent or ability to complete payment even if he/she borrowed money from the injured party as well as did not have a plan to do so with Turkey.

Nevertheless, the Defendant, who received USD 2,800 from the injured party as above, through Kwikset service on the same day, thereby deceiving the injured party and thereby received property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Previous convictions: Inquiry about criminal history, current status of personal confinement, and application of the text of the judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes.