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(영문) 대전지방법원 논산지원 2013.06.18 2012고단125
사기
Text

1. The defendant shall be punished by imprisonment for one year;

2. The defendant shall pay 53,400,600 won to the applicant for compensation by deceit.

3...

Reasons

Punishment of the crime

[Criminal Power] On January 13, 2012, the Defendant was sentenced to four months of imprisonment for fraud and one year of suspended execution in the Daejeon District Court’s branch office, and the sentence became final and conclusive on July 5, 2012.

【Criminal Facts】

On August 28, 2010, the Defendant made a phone call to the victim C at a place not known to him/her on August 28, 2010, saying, “If he/she has to complete the resing of the resing and the payment of the amount of credit and the amount of credit on the following day, he/she shall repay

However, at the time, the Defendant did not have any other income in addition to KRW 1.5 million in monthly income from D High School, and there was no intention or ability to repay even if he borrowed money from others even though he did not have any personal liability of KRW 50 million in addition to the aforesaid fraud case.

As above, the Defendant, by deceiving the victim, received KRW 1.5 million from the victim’s agricultural bank account on the same day, and acquired KRW 110,400,60 in total on 111 occasions from the above date and time to April 30, 201, as shown in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to C;

1. Entry in a complaint;

1. Criminal records: Court rulings and the application of the criminal defendant's statutory statements statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. An application for compensation shall be accepted within the scope of deducting KRW 9 million which the defendant partly repaid to the victim and KRW 48 million deposited by the victim as the principal, from the sum total of the amounts obtained by deceitation as stated in the summary of the decision on the application for compensation under Article 31(3) of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings Concerning

The defendant's reasons for sentencing are several times.

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