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(영문) 창원지방법원 통영지원 2018.04.05 2017고단1584
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On December 17, 2015, the Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspended execution for the violation of the Military Service Act in the Changwon District Court’s territorial branch on December 17, 2015, and the said judgment became final and conclusive on December 25, 2015.

[2] The Defendant, on September 1, 2014, planned to open a set of deposits to the victim C, who is a son between him and her at the time of the attempted through through throughout the police station at the time of the beginning of the police station, and is in need of a deposit.

The phrase “a loan of KRW 22,50,000,000 to be paid in installments each month is false.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

As above, the Defendant: (a) obtained from September 25, 2014 to December 1 of the same year, such as deceiving the victim and receiving KRW 5 million from the victim in cash on September 25, 2014; (b) obtained KRW 22,30,000 from September 25, 2014 to receive KRW 5 million from the victim in cash; and (c) obtained the delivery of KRW 22,30,000

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A detailed statement of entry and withdrawal, and written confirmation on the results of transfer;

1. Data reflecting the Kakao Stockholm conversation;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to judgments violating the Military Service Act) shall be made;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

1. The latter part of Article 37 of the Criminal Procedure Act: Provided, That a sentence of imprisonment shall be imposed on the defendant in consideration of the fact that the reason for sentencing under Article 39(1) of the Criminal Procedure Act had the record of being sentenced to a fine for the same kind of crime, the amount of the defraudation of the crime in this case is not a considerable amount of money to cover KRW 20 million, and the damage has not been recovered at all.

The term of punishment is a crime prior to the final and conclusive judgment of the instant crime, the defendant committed the crime, committed against himself, and repaid the amount of damage, the relation between the defendant and the victim at the time of committing the crime, the age, sexual conduct, environment, motive and circumstances after committing the crime, etc.

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