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(영문) 춘천지방법원 강릉지원 2018.03.08 2017고단1298

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On October 8, 2012, the Defendant was sentenced to six months of imprisonment for criminal fraud at the Ulsan District Court, and the judgment became final and conclusive on December 7, 2012.

[Criminal facts] The defendant is in the family of the victim C in Ulsan-gu B and 304 around October 21, 2009, and the victim's "it is necessary for the husband to drive the child, and it is necessary for the victim to reach an agreement on traffic accident with the husband's traffic accident.

A loan of 12 million won with a agreed deposit shall be repaid until January 21, 2010.

“The purpose of “ was to make a false statement.”

However, the defendant's husband at the time was obliged to pay a fine due to drinking, so it was not necessary to reach an agreement on traffic accidents, he was thought to use the money borrowed from the injured party for the repayment of existing debts, etc., and there was no specific property at the time, so there was no intention or ability to change it to the victim according to the agreement.

The Defendant, as described in the List of Crimes, by deceiving the victim and receiving KRW 104,00,00 from the damaged person on October 21, 2009, by deceiving him/her as such, obtained a total of seven times from April 20, 201, a total of 30,212,00 won from the damaged person through the above method, from that time to April 20, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A detailed statement of deposit transactions, a copy of each passbook, each loan certificate, and a loan certificate;

1. A written confirmation of the results of electronic financial transfer;

1. Previous convictions: References to inquiries, such as criminal history, reports on investigation (Attachment to final rulings), and application of statutes of the judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the following circumstances, including the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the crime, etc.