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(영문) 수원지방법원 2019.09.27 2019고단509
사기
Text

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

Reasons

Punishment of the crime

On July 2013, the Defendant called the Defendant’s residence in Suwon-si B apartment C, Suwon-gu, Suwon-gu, the Defendant called the victim D, a person who was known to and was in peace, to whom he had been unable to pay money. However, if the Defendant borrowed money to B, the Defendant would have to pay the interest of 1% per month later.

However, even if the Defendant received money from the victim without any particular property or fixed income at that time, the Defendant did not have any intent or ability to pay the money properly even if he borrowed money from the victim, since he thought that he used it as gambling money from the Gangseo Islands in Gangwon-do, or used it as the Defendant’s living expenses, repayment of debts, etc.

As above, the Defendant, by deceiving the victim as above, through the Nonghyup Bank account under the name of the Defendant’s husband, the husband of the Defendant, from the victim, to KRW 10 million around July 10, 2013, and the same year.

8.22.Around 22.10 million won, for the same year.

9. A total of KRW 30 million, including KRW 10 million around 24.24.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Application for payment order, certificate of details of remittance transactions, and certificate of deposit transaction;

1. Details of transactions in each account;

1. Application of the Acts and subordinate statutes governing deposits without passbook;

1. Relevant Article 347(1) of the Criminal Act regarding criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, and Article 347(1) of the Criminal Act denying and not properly

All of the defraudeds were used as gambling funds.

The former husband of the defendant paid 10 million won to the victim, but did not recover from the damage until now.

The victim is trying to punish the defendant.

It is the first crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the instant case, such as the Defendant’s age, character and conduct, environment, the background and result of the instant crime, and circumstances after the crime.

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