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(영문) 청주지방법원 2017.09.14 2017고단450
사기
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On July 2016, 2016, the Defendant: (a) at the mutual infinite coffee shop located in the Bungdong-dong, Cheongju-si, Cheongdong-gu; (b) “Infining to lend money, the Defendant would settle the Defendant’s joint and several liability before lending money, and immediately repay the Defendant’s obligation by disposing of the saber shop operated by him and by disposing of the vehicle.

The phrase “ makes a false statement.”

However, in fact, the defendant thought that he would use the money received from the injured party as money for gambling, and the above money was not owned by the defendant, and thus could not be arbitrarily disposed of. Even if he borrowed money from the injured party from the leased vehicle, the above motor vehicle could not settle the victim's joint and several liability, and there was no intention or ability to repay the borrowed money from the injured party.

As such, the Defendant, by deceiving the victim and deceiving the victim, KRW 2 million from the victim on July 4, 2016;

7.5. Around around 62.7 million won was remitted to a new bank account (Account Number: C) in each Defendant’s name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is unclear and thus it is not reasonable to issue an order for compensation in the criminal procedure;

The reason for sentencing is determined by comprehensively taking into account all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the fact that the reason for sentencing is committed, the favorable circumstances, such as the fact that there is no criminal record of the same kind as that of the previous offense exceeding the fine, the amount of damage has not yet been compensated, and the fact that most of the defrauded money is used in gambling, and other unfavorable circumstances, such as the defendant's age, sex, criminal conduct, environment, motive, means and consequence, and the circumstances after the crime, etc.

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