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(영문) 인천지방법원 2016.11.29 2016고단7201
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 21, 2015, the Defendant: (a) around 21, 2015, the victim M was planned to receive the compensation amount of KRW 2 billion with a lot of land in the south-dong, Incheon; and (b) the Defendant was paid the rent for the owner of the building of the fifth floor in the Nam-gu, Incheon; and (c) the Defendant borrowed the agreed money for the traffic accident as the compensation amount would incur.

However, the defendant did not own land or a building with bad credit, and even if he received money from the victim, he did not have any intention or ability to pay the money.

Nevertheless, the Defendant received a total of KRW 13,779,000 from the victim during the period from July 31, 2016, by deceiving the victim as above and receiving KRW 9,50,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. Application of Acts and subordinate statutes on account details and text details;

1. Article 347(1) of the Criminal Act regarding criminal facts and Article 347(1) of the choice of punishment (a comprehensive control over the crime), such as the fact that the reason for the sentencing is not specified, the fact that there was a record of being sentenced to two suspended sentence for the same kind of crime, the fact that damage recovery was performed or no agreement was reached, etc. shall be considered in an unfavorable circumstances, and the fact that damage recovery was performed or no agreement was reached shall be considered in favor of the defendant, and the punishment shall be determined as per the order, taking into account the favorable circumstances, and taking into account all the sentencing

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