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(영문) 춘천지방법원 원주지원 2016.08.09 2016고단227
사기
Text

A defendant shall be punished by imprisonment for four months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On October 15, 2013, the Defendant is entitled to a loan of KRW 17-1.8 billion over several occasions to the victim G with a location where money was borrowed in the “I pension” located in H in the original city of nuclear power around October 15, 2013.

The fee to be paid shall be received through the loan, if any.

“A false statement was made to the effect that it was “.”

However, as the Defendant did not know the heads of the banking branches and appraisal companies that can give the above loans, the Defendant did not have the intent or ability to receive the loans from the victims even if he received the money in the name of the commission from the victims.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the account in the name of the Defendant under the pretext of fees, etc., to KRW 3 million on October 22, 2013, KRW 100,000 on August 1, 201 of the same year, KRW 100,000 on November 11 of the same year, KRW 100,000 on November 10 of the same year, KRW 15,100,000 on November 20 of the same year, and KRW 15,10,000 on November 20 of the same year.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Detailed statement of each transaction;

1. Application of Acts and subordinate statutes to investigative reports (the result of execution of a warrant of search and inspection and attachment);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. The grounds for sentencing of Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation [the scope of recommended punishment] [the grounds for sentencing of Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Reject Application for Compensation] (the scope of recommended punishment] No person who has no (the person who is subject to special sentencing between June and January 6) [the person who is subject to special sentencing] [the decision of sentencing] in April, despite the fact that the defendant had been already punished four times due to fraud, again committed the instant crime, and the damage therefrom has not yet been substantially recovered.

However, the defendant reflects the mistake, and he deposited 6 million won in the future of the victim.

Such circumstances and the defendant's identity.

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