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(영문) 인천지방법원 2020.05.01 2020고단169

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 2011, the Defendant received KRW 58,334,800 from the victim, from the victim who believed that he/she was able to borrow money necessary for fishing goods business,” and received KRW 10 million from the victim’s agricultural bank account on July 31, 2014, from then on eight times until July 31, 2014, as shown in the list of crimes in the attached Table.

However, even though the Defendant did not know about the point of fishing goods, and it was thought that most of the money borrowed from the victim was used as repayment of the Defendant’s existing obligation, etc., the Defendant deceiving the victim as above and acquired the above money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on each financial transaction statement and individual immigration status;

1. The grounds for sentencing choice of imprisonment with prison labor, comprehensively, with respect to Article 347(1) and Article 347 of the Criminal Act applicable to the relevant criminal facts and the choice of

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. The circumstances favorable to the defendant include the fact that the defendant acknowledges the crime and repents, the fact that the defendant partially or partially repaid the money acquired by deception, and the fact that there is no penalty power exceeding the fine, etc.

However, it is inevitable to punish the defendant with severe punishment because the defendant deceivings the victim by deceiving him/her finally and intentionally, and did not repay the damage with a substantial part of the damage.

In addition, the sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into consideration, and the court shall not put the defendant under statutory restraint in order to provide the opportunity to pay damages.