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(영문) 청주지방법원 2016.01.18 2015고단1100

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant worked in the victim B and the department of D medicine in the Dong-gu Daejeon Metropolitan City C, and became aware of the company's post-ship.

On March 2014, 2014, the Defendant called the victim at the office of business division of the above D drugs to lend money to the victim. The Defendant applied for a loan to D officers and employees in Korea.

When the loan is approved, the loan will be repaid with the thesis that will receive KRW 30 million.

The phrase “ makes a false statement.”

However, in fact, the Defendant had no special property at the time, and was unable to obtain a normal loan due to the power of failing to lend a university school loan or lend an individual loan after entering the university, and was thought to do gambling on the Internet gambling site by receiving money from the injured party, and thus, there was no intention or ability to pay the money even if receiving money from the injured party.

Around March 9, 2014, the Defendant received KRW 2 million from the damaged party to the Agricultural Cooperative Account in the name of the Defendant under the name of the Defendant.

In addition, the Defendant received a total of KRW 48,100,000 from the above day to April 7, 2014, in total, 15 times as shown in the list of crimes in the attached Table.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written complaint filed in B, each written statement;

1. A report on investigation (Attachment to a detailed statement of bank transactions) and a report on investigation (the victim's telephone investigation);

1. Application of trading specifications and transaction details under Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Where the extent of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] is weak in the reduction area (one month to one year) in the category 1 (less than 100 million won) (the amount of special mitigation).

2. Determination of sentence;