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(영문) 인천지방법원 2014.02.06 2013고단6156
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On March 2, 2007, the Defendant made a false statement at the victim D’s house located in the Nam-gu Incheon Metropolitan City Cmulti-household Cdong 102, stating that “I will pay two times a year after one year if I will pay money, while I will perform gasoline funeral with E Foundation F. I will pay money.”

However, the defendant did not work with E Foundation F, and even if he borrowed money to the victim, he did not have an intention or ability to pay twice a year thereafter.

As such, the Defendant, by deceiving the victim as such, received KRW 3 million from the victim as the borrowed money in its place, and received a total of KRW 24.7 million from April 29, 2009, as shown in the annexed List of Crimes, as well as from April 29, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. A complaint;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant legal provisions concerning criminal facts: Article 347 (1) of the Criminal Act (each fraud and each choice of imprisonment);

1. Heavy concurrent crimes: The above punishment shall be determined by taking into consideration the following factors: (a) the first sentence of Article 37; (b) Articles 38(1)2 and 50 of the Criminal Act; (c) the defendant has the power to engage in the same sentence for the reason of sentencing; (d) the victim has not been repaid to the victim; (e) the victim has not been able to pay the victim a severe punishment; (c) the defendant has applied to his depth; (d) the defendant is aged; (e)

It is so decided as per Disposition for the above reasons.

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