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(영문) 제주지방법원 2016.05.18 2016고단439

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, from around 2013 to Jeju, was employed as the Plaintiff E’s training team in the D farm located in Jeju City. On March 2016, 2016, the Defendant concluded that, “The Defendant, at the F farm located in the same riman, would use the status of stay only for the purpose of proving that the status of stay is extended, and paid off the amount of KRW 14 million to the victim.”

However, even if the defendant borrows money to the victim, the defendant was planned to use the money for the game in the casino, not to pay the money immediately, and the defendant did not have any other property, so if he loses money in the casino, he did not have any intention or ability to pay the money directly to the victim.

On March 9, 2016, at around 19:00 on March 9, 2016, the Defendant, by deceiving the victim, received money from the victim and acquired money from the D farm located in C to the credit cooperative account under the name of the Defendant for the purpose of borrowing money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of investigation reports (a copy of a passbook of details of transfer to the victim's account), investigation reports (a confirmation of casino entry records of the person under investigation), investigation reports (a report on confirmation of details of transaction in the name of the suspect), investigation reports (a report on confirmation of whether it is necessary to certify balance with a non-natural head

1. The pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the scope of sentencing guidelines on the reasons for sentencing sentencing of imprisonment [the scope of sentencing [the range of sentencing of punishment in the case of fraud, general fraud, type 1 (less than KRW 100 million), basic area, imprisonment with prison labor from June to June], and the following circumstances are considered and reflected in the facts of crimes that are favorable to the determination of punishment as stated in the disposition: The fact of crimes is recognized and reflected; normal circumstances that have no record of criminal punishment in the Republic of Korea are unfavorable to the fact that damage was not recovered at all; the purpose was not received from the injured; the money borrowed from the injured and the money borrowed from the injured is most casino.