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(영문) 수원지방법원 안양지원 2017.07.21 2016고단1130
사기
Text

A defendant shall be punished by imprisonment for six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On July 12, 2015, the Defendant would arrange for the victim C to receive a loan from the amount of KRW 1.5 billion for the Company acquisition fund at the office of the (State) E (E) office located in Sinpo-si, Sinpo-si on July 12, 2015.

In order to obtain a loan, more than one deposit is required, and it is better to make a false statement.

However, even if the defendant received deposit money from the victim, he did not have the intention or ability to execute the loan to the victim by depositing it in the financial institution.

On the 13th of the same month, the Defendant acquired 30 million won from the damaged person to the Suhyup account of the name of the Defendant on the 13th of the same month with the name of deposit related to loan.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. Details of entry and withdrawal transactions and a detailed statement of passbook transactions;

1. Application of statutes governing text messages;

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. Reasons for sentencing under Article 32(1)1 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation [the scope of punishment recommended according to sentencing guidelines] - General frauds in the basic area (six months to one year and six months) (decision of sentence] - Unfavorable circumstances: Damage is partly recovered in the previous conviction of the same kind and favorable circumstances.

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