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(영문) 의정부지방법원 2020.01.31 2019고단2713
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On April 3, 2016, the Defendant called “the Defendant shall make a phone call to the victim B, and called “the body shall conduct a part-time surgery, and there is no hospital expenses, which differs from the hospital expenses. It shall be repaid immediately upon the receipt of insurance proceeds.”

However, in fact, the defendant did not have any particular property at the time and bears a large amount of obligation, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

As above, the Defendant, by deceiving the victim, received KRW 1 million from the victim to the Agricultural Cooperative (C) account under the name of the Defendant on the same day as the loan money, and acquired it, and also acquired it by deceiving the victim on a total of 39 occasions from April 3, 2016 to September 13, 2018, such as the list of crimes in the attached Table, the Defendant received a total of KRW 61,921,00 from the victim on a total of 39 occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A complaint;

1. Details of transactions of passbooks which are complainants;

1. Investigation report (Attachment to details of transactions by passbooks of suspects);

1. Details of passbook transactions; and

1. Investigation report (Attachment of suspect credit information - D Co., Ltd.);

1. Application of Acts and subordinate statutes governing personal information history;

1. Relevant statutory provisions for facts constituting an offense and Article 347(1) of the Criminal Act for the choice of punishment (as a whole, Nos. 1 and 2, Nos. 3 and 4, inclusive, Nos. 6, 7 and 8, inclusive, Nos. 9, 11 and 32 inclusive, and the choice of imprisonment by combining Nos. 33 through 39) of the Criminal Act

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

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

1. The crime of this case, which is based on the sentencing guidelines for sentencing of Article 62-2 of the Probation Criminal Act, is limited to 61,921,00 won or more in total on several occasions by deceiving the victim in various ways as stated in the judgment of the defendant.

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