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(영문) 인천지방법원 부천지원 2016.12.22 2016고단1776
사기
Text

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

Reasons

Punishment of the crime

On July 2008, the Defendant concluded that, at the victim D’s house located in Seongdong-gu Seoul Metropolitan Government 101 Dong 1102, the Defendant “I will complete payment with the victim’s living expenses only one million won.”

However, the Defendant at the time bears the obligation of approximately KRW 20 million, and paid KRW 50-6 million interest, monthly rent of KRW 300,000,000, and KRW 300,000,000 for the above obligation every month. Since there was no certain income, there was no intention or ability to fully repay the obligation even if he borrowed money from the victim.

The Defendant received KRW 1 million from the victim to the national bank account in the name of the Defendant on the 15th day of the same month.

In addition, from around that time to September 22, 2015, the Defendant received a total of KRW 95,20,000 through 29 times as shown in the separate crime list.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspects of the accused and E by the prosecution;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes to accusation forms, respective borrowing certificates, copies of bankbooks, recording records, each description of transactions, and receipts;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act as to the crime of this case, comprehensively, the reason for sentencing of sentence of imprisonment [the scope of recommending punishment] [the grounds for sentencing of sentence] There is no basic area (6-100,000 won or less) (6-10,000 won or less) [the sentence] [the decision of sentence] of this case, the crime of this case is committed by deceiving the victim as if he was fully repaid to the victim even though the defendant had deteriorated his financial status at the time, and by deceiving the victim about seven years as if he had been fully repaid, and the damage was not recovered over a long period, and the damage was a large amount of damage. The victim suffered serious economic and mental damage, such as avoiding the damage caused by the crime of this case by the crime of this case, and even if the defendant's assertion was made, the damage equivalent to KRW 30,000,000 has not yet been recovered.

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