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(영문) 인천지방법원 2017.06.29 2017고단24
사기
Text

A defendant shall be punished by imprisonment for one year.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant was operated by the defendant in Dobong-gu Seoul Metropolitan Government D in 2001.

In order to resolve living expenses, father's hospital expenses, education expenses for children, etc. that fall short of becoming aware of the victims C who have come to customers from the E head office, he/she has attempted to acquire money from the victims of marriage with marriage.

In early 2002, the Defendant, at the above Ephouse in 2002, should purchase the victim’s “a married apartment to live together with the marriage defect,” and pay the intermediate payment for the sale and purchase to the victim by marriage.

In the same way, the phrase “necessary money” was expressed to the effect that the said money is needed, and the said person continued to engage in marriage with the victim.

However, the defendant was a married woman who was married with F on July 27, 1983 and was in a marital relationship with F, and not only did not intend to marry with the victim, but also did not intend to use it as living expenses, etc. even if he received money from the victim, and there was no intention to use it as the purchase price or marriage fund of the apartment living together with the victim.

As such, the Defendant, by deceiving the victim, received KRW 1 million from the injured party on November 8, 2006, and received KRW 61,859,060,000 from around that time to September 20, 2014 from around that time, by receiving the remittance of the “transfer” or the “influence” in the attached crime sight table from around that time to around September 20, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes on transactions in each account;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing of Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the issuance of an order for compensation in criminal proceedings is not reasonable) 【Scope of Recommendations / The aggravated area [1 year - two years and six months] - Special aggravated area: the victim.

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