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(영문) 창원지방법원마산지원 2020.12.09 2020고단911
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

Around February 11, 2019, the Defendant called the victim B who was fried and fried by calls to the Changwon-si (hereinafter referred to as Changwon-si) and provided that “I will pay 100,000 won if I want to pay fried and paid fried fried fried fried fried fried fried fried fried fried fried fried fried

However, in fact, the Defendant did not attend the C company at the time, took part in a daily work, did not have any specific property, and borrowed money from several lending companies, and there was no intention or ability to repay it like the promise.

As above, the Defendant, by deceiving the victim as above, received 100,000 won from the victim to the Agricultural Cooperative (D) account under the name of the Defendant on the same day, and subsequently, by August 16, 2019, remitted or acquired 20,265,000 won in total over 43 times, such as the statement in the list of crimes, from around August 16, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. The accusation, the loan certificate, the details of each account transaction, the details of dialogue between the complainant and the suspect, and the Kakao message;

1. Application of Acts and subordinate statutes to report on investigation (related to attachment of credit information by a suspect);

1. The prosecutor’s opinion on the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, and the reason for sentencing choice of imprisonment: Imprisonment with prison labor for a year: the amount of damage inflicted for four months was not much, whereas damage was not recovered. The victim wanted to make a strict punishment.

The victim actively made false statements.

However, the defendant stated that he is aware of and against the facts of crime.

The defendant had no record of punishment at the time of committing the crime.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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