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(영문) 의정부지방법원 고양지원 2014.12.04 2014고단1959
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

When the Defendant was going to the Cridge and was on duty as the leader of the sexual family, on February 24, 2009, the Defendant called the victim D (here, 37 years of age) to hold a public performance at the missionary level in a foreign country. Since the funds such as the rent necessary for the performance are urgently needed, the Defendant shall complete the public performance and return to the Republic of Korea on February 24, 2009.

3. He/she shall complete payment up to 24.

The term "assumed" was referred to.

However, even if the defendant received money from the victim, he thought that he would use it as gambling fund, etc., and did not have any intention or ability to complete the payment as he did not have any property.

As such, the Defendant, by deceiving the victim D, received 7 million won from the victim’s new bank account in the name of the Defendant, and received 7 million won from around that time to March 30, 2009, by the same method as in the annexed crime list, and received 28.3 million won in total from the victim E (the age of 26) and 9.3 million won in total from the victim E (the age of 35 years), and 4 times in total from the victim E (the age of 26).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement, etc. made to D, E, and F;

1. A copy of a bankbook;

1. Details of transactions;

1. Details of transactions for entry and withdrawal;

1. E-mail output;

1. A specification of liquidity transactions;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. From among concurrent offenders, it is difficult to view that there was an intention to recover damage, such as taking money from several victims for the purpose of using it as gambling funds, etc. in the basic area (6 months to 100 million won) of the first category (6 months to 100 million won) of the Criminal Act, the basic area (6 months to 100 million won) of the punishment, and the fact that it is difficult to view that there was no agreement with the victims, the fact that the defendant was led to confession, the fact that the defendant is the first offender, the defendant's age, character, character, environment, and other crimes.

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