(영문) 청주지방법원 제천지원 2019.10.17 2019고단262

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(영문) 청주지방법원 제천지원 2019.10.17 2019고단262

사기

Text

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

Reasons

Punishment of the crime

On March 22, 2018, the Defendant made a false statement that “The construction work is being undertaken in Seoul, but the construction cost is insufficient. If the Defendant borrowed KRW 6 million, it will be repaid by the end of May 2018.”

However, in fact, the Defendant thought that most of the money borrowed from the victim was used for the purpose of repaying gambling and personal debt, and around that time, only the amount of personal debt 20 million won was paid, and there was no intention or ability to repay even if he borrowed money from the victim due to no particular property or income.

Ultimately, on March 22, 2018, the Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 6 million from the account in the name of the Defendant and the account in the name of the Defendant C, a creditor of the Defendant; and (c) received a delivery or remittance of KRW 600,000,000,000 from around that time to July 30, 2018 from around that time, as stated in the list of crimes, from around 10 to 11, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement No. B of the police interrogation protocol of the accused (three times, replacements)

1. The police statement concerning B;

1. A report on investigation (a certificate of payment or a copy of a loan), a certificate of deposit, or a receipt of each loan;

1. A report on investigation (investigation on the method of lending money), two copies of bankbooks of post office accounts in the name of the complainant, and a statement of transactions of post office accounts in the name of the complainant;

1. Application of investigation reports (in the name of a complainant attached to a specification of transactions in post office accounts in the name of a post office), details of transactions in the account, investigation reports (in the course of investigation as to a loan amount of seven million won as of May 15, 2018), copies of employment contracts, and copies of accounts;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. Six months to one year and six months from the date of imprisonment with prison labor for the basic area of less than 100 million won in the range of recommendation types according to the sentencing criteria; and

2. The following circumstances shall be determined by sentence:

참조조문

-형법 제347조 제1항

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