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(영문) 대전지방법원 2019.10.02 2019고단3029
사기
Text

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

Reasons

Punishment of the crime

From around December 30, 2017 to December 30, 2018, the Defendant was in office in Gangwon-do Co., Ltd., and was in office in the Co., Ltd., Ltd., and was in office in the said Co., Ltd., the Defendant got married to the victim D, who is a part-time student of the said company, on the premise of marriage with the victim.

Around March 5, 2019, the Defendant made a false statement that “The Defendant shall lend the interest on a loan to the victim by means of handphone text messages and E-rating.” The Defendant would repay the interest on a loan to the maximum extent possible.”

However, since the Defendant had no intention to marry with the victim since her teaching system, the Defendant had no intention to marry (in the state of being married with another woman on January 16, 2019). Since from February 23, 2017, the Defendant had been liable for personal debt of KRW 10 million from the F Bank, such as having a debt of KRW 25 million from the F Bank, there was no intention or ability to marry with the victim or repay the borrowed money from the victim.

As above, the Defendant, as well as the Defendant, by deceiving the victim and receiving KRW 3 million on the same day from the victim to March 5, 2019, received KRW 16,908,900 in total from the victim 17 times, as described in the list of crimes in the attached Table, respectively.

As a result, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. Details of damage amount;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. There are favorable circumstances among concurrent offenders, such as the fact that the sentencing is against the reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the fact that it is the primary offender.

However, whenever it is difficult for the defendant to believe that it is the counter party to marriage, the victim who borrowed money considering that it is difficult for him to do so, had no intention to marry with the victim, and has married with another woman during his death.

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