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(영문) 의정부지방법원 2018.11.29 2018고단2691
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2011, the Defendant made a false statement to the victim D through “A, from May 25, 2011, he/she subscribed to the number system of 1 million won for each month from May 25, 201,” thereby allowing the victim to subscribe to the number system of 19 and 20.

However, the above number system was not fully secured, and the defendant accumulated the obligation of KRW 200 million at the time of credit card loan and modern capital loan, and even if the defendant received the fraternity payment from the fraternity members, he was willing to use it for the defendant's repayment of the obligation, such as the defendant's pre-paid card payment, and then receive the cash service again, and did not have any other occupation or property, and operated the system normally and did not have any intention or ability to pay the time limit money to the fraternity.

The Defendant, as above, received KRW 2,00,000 from the Defendant’s national bank account (Account Number E) in the name of the Defendant on May 25, 2011 from the victim, and received KRW 36 million in total over 18 times from May 25, 201 to October 19, 2012, as described in the list of crimes in the attached Table, from May 25, 201 to October 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes on account transactions, financial transaction statements, and financial transaction details;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment ( comprehensively referred to, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to one year and six months [the scope of the recommended punishment] and the basic area (up to six months to one year and six months) (up to six months) of the basic area (up to one year and six months).

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, community service hours for eight hours, and other accused persons;

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