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(영문) 청주지방법원 2018.01.09 2017고단2538
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On November 5, 2015, the Defendant made a false statement to the victim E at the D cafeteria located in Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to lend money to the victim E. “The Defendant borrowed monthly interest at KRW 90 million which reduces 5 to 8% of the monthly interest.”

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

Nevertheless, the Defendant: (a) deceiving the victim as above; (b) obtained the total sum of KRW 90 million from three victims under the name of borrowed money on the same day from the victim; (c) obtained the cash payment of KRW 30 million on November 9, 2015; and (d) obtained the cash payment of KRW 10 million on November 10, 2015; and (b) obtained the money from the third victims from August 31, 2016, including the amount of KRW 149,950,000, in total from the third victims, as shown in the list of crimes in the attached Table from August 31, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes to data on age assessment replies;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of the recommended punishment] The reason for sentencing under Article 38(1)2 and Article 50 of the General Fraud / [the scope of the recommended punishment] : The criteria for the type of reduction (from June 20 to June 20) (the period from June 20 to June 6) in the mitigated area: the case where the victim intentionally committed the act of deception at least one step (the special mitigated person) as a result of the combined crimes of the same kind, or where the degree of deception is weak [the decision of the sentence] in the case where the victim is a majority, and the sum of the acquired amount is small, but most damage is not recovered, and thus the strict

However, the fact that the defendant repents the defendant's wrong and makes efforts to recover the damage continuously, there are no criminal records of the same kind, that the family members of the defendant want to take the action, and the age, sex, environment, motive, means and consequence of the crime, etc. of the defendant.

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