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(영문) 대전지방법원 천안지원 2016.08.04 2016고단1127

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 2015, the Defendant called the victim at a non-sever place, and called the victim to grant 50 billion won to the company operating a private loan business, and the money is fested.

If you lend money to the maximum, the maximum amount of KRW 1,000 to KRW 2,000 when the principal is repaid will be given.

The principal will be paid in full when three to six months have passed.

“A false representation was made.”

However, in fact, the defendant did not engage in private loan business and the amount received from the injured party was thought to be consumed for personal purposes such as singing practice, and since there was no property owned by the defendant, there was no ability or intention to pay the principal or interest even if he received money from the injured party.

Around November 2, 2015, the Defendant: (a) by deceiving the victim as above; (b) received KRW 30 million from the Defendant’s agricultural bank account (Account Number: D) in the Defendant’s name; and (c) received KRW 30 million from the Defendant’s agricultural bank account; and (d) received only KRW 15,200,00 from the first day to February 3, 2015, total amount of KRW 7 times from the first day to the second day, as described in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Details of transfer immediately after E;

1. C Application of C’s details of account transactions Acts and subordinate statutes;

1. In full view of the pertinent legal provisions on criminal facts, the reasons for sentencing of sentence for imprisonment [the scope of recommendation] under Article 347(1) of the Criminal Act, the reasons for sentencing of sentence for general fraud [the scope of recommendation] are described in Type 2 (at least KRW 100 million, but less than KRW 500 million) in the basic area (from August to four years): There is no rise in the first step [the person who is subject to special sentencing] as a result of combined crimes (the decision of sentencing] (the decision of sentence] is disadvantageous to the fact that no damage has been paid.

It is advantageous to the fact that there is no past record of the same crime, and there is a family member to support.

These circumstances, the age, sex, and circumstances after the crime should be taken into consideration.