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(영문) 인천지방법원 2017.11.23 2017고단7626

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who operates a bridge to make the beginning and direction tasks with the trade name "D" in Yeonsu-gu Incheon Metropolitan City C Building 201 Dong 501.

On July 19, 2016, the Defendant stated that “A victim E shall receive a profit from a Chinese business entity, and it does not enter the revenue, and thus, a lack of operation funds of the public business entity is insufficient. If the Defendant borrowed money, he/she would use it as a fund for the public business, and later would repay it with the revenue accrued from the Chinese business entity.”

However, there was no profit to receive, and there was no intention or ability to repay the money even if it was borrowed from the injured party because it was thought that the money borrowed from the injured party is used for the cost of living.

As above, the Defendant, as indicated in the list of crimes in attached Form 2, by deceiving the victim and receiving KRW 6,00,000 from the injured party on July 20, 2016, by deceiving the victim, and then deceiving all 73,710,000 from that time until January 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A complaint, a certificate of certification of loan balance, etc.;

1. Application of recording records, details of account transactions, and statutes of written confirmation of transfer transactions;

1. The grounds for sentencing of a sentence of imprisonment, collectively, with respect to the pertinent Article of the Criminal Act as well as Article 347(1) of the Criminal Act, Article 347(2) and Article 347(1) of the Criminal Act as to the choice of the criminal facts;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;

2. The determination by deception exceeds 70,000,000 won, the damage recovery was almost not achieved, and the agreement is not reached, considering favorable circumstances, such as the fact that the criminal is committed, the fact that there is no record of punishment for the same kind of crime, and the fact that the health of the defendant is not good, and considering favorable circumstances, the age, sex, environment, motive and circumstance of the criminal defendant, and others.