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(영문) 서울동부지방법원 2016.11.23 2016고단3443
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 12, 2009, the Defendant made a false statement to the victim E, “D” office located in Siri-si, Siri-si, 2009, stating that “The Defendant shall import cement materials and deliver them to F, but F shall be late to make payments. First of all, if the Defendant borrowed money to pay the revenue, he shall be paid with the payment from F.”

However, since cement raw materials have not been supplied to FF corporation, it was planned to use money from the victim for personal repayment, etc. without using it as cement raw materials, and it was not possible for the above corporation to pay the goods to the victim.

On February 13, 2009, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the bank account under the name of the Defendant on February 13, 2009, and subsequently, acquired the total amount of KRW 110 million from four victims over 20 times from the time to December 20, 2012, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, H, I, and E;

1. Application of each statute on filing of a complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. From among concurrent crimes, there is no record of punishment exceeding the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the confession and reflection of the crime of this case are favorable to the defendant. However, considering the fact that the amount of damage from the crime of this case exceeds KRW 113,100,000,00,000, which was the largest amount of damage from the crime of this case, was not used by the victims, and that there was no measure to recover from damage, the sentence of punishment against the defendant is deemed inevitable due to the absence

Each such circumstance and other circumstances as the defendant's age, character and conduct, environment, family relationship, relationship with victims, motive for committing a crime, and crime.

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