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(영문) 의정부지방법원 2020.04.10 2019고단4702
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

around May 9, 2019, the Defendant called “B” to the victim B, who became aware of by telephone, and through the introduction of a branch, from the Defendant’s home located in Namyang-si, Namyang-si, the Defendant sent back the victim’s refund to the victim through text messages from May 15, 2019 to May 17, 2019. The Defendant made several calls to the victim through text messages to the effect that “on the other hand, the Defendant would offer the travel goods to the victim with KRW 3,730,00 per person of the eight-day trip goods, and to introduce the travel goods with KRW 28,00,000 per person of the eight-day trip goods at the beginning of the travel expense to the 14-person, the Defendant would arrange for the travel goods, and to pay KRW 140,000 to the victim and the husband’s seat at the victim’s seat.”

However, the defendant was planned to receive money from the victim to use it for personal purposes, such as repayment of debts, and he did not have the intention or ability to prepare travel goods.

As above, on May 17, 2019, the Defendant, by deceiving the victim, received KRW 29,400,000 from the Defendant’s national bank account (E) under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the text, contents and certificate of deposit;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 (Article 25 (3) 3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation (the scope of liability for damages is not clear due to the submission of

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The range of recommendations according to the sentencing guidelines [the determination of types] and the range of recommendations [the general fraud [the type 1] below 100 million won (the special person] - the mitigation element: the punishment is not granted or significant damage is recovered.

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