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(영문) 서울북부지방법원 2017.04.20 2015고단2800
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, as an insurance designer of the well-dyingf, was willing to deceiving the customers who subscribed to insurance as the insurance company, thereby deceiving money and valuables.

On January 13, 2014, the Defendant made a false statement to the victim C, who was a customer of insurance, stating that “If there is a good insurance, 20 million won per month shall be added, 2 million won per month, and the principal shall be returned after one year.”

However, the above insurance did not exist, and even if the defendant received KRW 20 million from the injured party, he/she thought that he/she used it to pay the defendant's debt, so-called "the so-called" to prevent the return of the above money. Thus, he/she did not have any intention or ability to pay the above money.

In such a way, the Defendant, by receiving KRW 20 million from the injured party, received money from the injured party, and acquired it by fraud, and received KRW 57,166,938 in total from January 13, 2014 to March 11, 2015, as stated in the attached crime list, and acquired it by defrauding the total amount of KRW 57,166,938 from the total six victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or C;

1. Each complaint;

1. Report on investigation (report on the statement by a reference witness D phone);

1. Investigation report (victim E, F, G, H, and I telephone call);

1. A criminal investigation report (to attach details of passbook transactions);

1. Account transfer details;

1. Application of the Kakao Stockholm Acts and subordinate statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The criteria for sentencing the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending] the criteria for sentencing of the reasons for sentencing under Article 50 [the scope of recommending] types 1 of the General Fraud (from June to January 6). The following criteria for sentencing are determined by comprehensively taking into account the following circumstances: the defendant’s age, occupation, sex, family relation, conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relation, and conditions before and after the crime.

- The victim has a record of being punished twice by fine due to the nature of the crime and the same offence.

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