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(영문) 서울서부지방법원 2018.04.04 2018고단499

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been employed as a worker on a daily basis.

On August 25, 2016, the Defendant gatherd the victim G (50) (50) (a person who stores and manages a specified object in a combined warehouse located in the Gyeongsan-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si) through E and F.

Specific objects are certain objects of war risk, such as Korea, to create and manage funds to be used in emergencies.

I would like to take into account the fact that the cost of fostering a specific material is required, which is equivalent to KRW 50,000,000,000,000,000,000,000,000,00 won.

The phrase “ makes a false statement.”

However, the defendant did not actually manage a specific object but did not have any intention or ability to return KRW 500 million after one month even if he received money from the injured party due to an excessive negligence.

As above, the defendant deceivings the victim, and he received a copy of the KRW 100 million check from the victim, namely, from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the G substitute part);

1. Each police statement made with respect to G and H;

1. A certificate of custody of cash and a written statement of performance;

1. Application of Acts and subordinate statutes to a report on investigation (report on check confirmation and transaction details);

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act is large amount, and the fact that the crime is bad in light of the content of deception is unfavorable.

On the other hand, by recovering the amount of damage to the victim and making a smooth agreement, the injured person does not want to be punished by the defendant, the injured person also sought excessive benefit by falling under the sophical stories, and there is no record that the accused has been punished beyond the same criminal history or fine.