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(영문) 서울남부지방법원 2017.12.14 2017고단4953
사기
Text

Defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

On March 15, 2017, the Defendant called the victim C to “on the face of North Korea, she would pay a large amount of interest on the loan of necessary money.” However, at the time, the Defendant had already lent a total of KRW 40,000 from financial institutions, such as the K Savings Bank, the Korea Bank, and the Korea Bank, and the amount of KRW 72,50,000,000 from those financial institutions, such as D, and most of them used for the gambling and living expenses of E, who lived together. On the other hand, the Defendant used a large amount of KRW 1,80,000 for the income of KRW 1,80,000 per month and the amount of KRW 13,00,000 per month, and the amount of KRW 13,00,000 per month and the amount of KRW 13,000,000 from the damaged person did not have any capacity to pay the above personal debt to the said E without the intent to use it for the victim.

Nevertheless, on March 21, 2017, the Defendant: (a) by deceiving the victim as above; (b) received KRW 3,000,000 from the Defendant’s national bank account (F) on March 21, 2017 from the victim; and (c) received remittance or delivery of KRW 116,750,000, total from 17 victims, as described in the attached crime list, from January 16, 2017 to May 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police;

1. Application of each complaint, each of which was filed on May 12, 2017, the certificate of borrowing and the certificate of remittance, each of which was written confirmation on May 26, 2017, each of which was issued on May 26, 2017, each of which was written confirmation, each of which was written contents, each of which was written contents, and each of which

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

1. The fact that the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are a majority of up to 17 victims, and the total amount of damages up to 116,750,000 won, and most of the damages have not been recovered. However, among victims, G, HH, I, J, K, K, L, and M do not want punishment against the defendant.

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