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(영문) 울산지방법원 2020.08.19 2020고단1434
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 09:00 on January 15, 201, the Defendant made a false statement to the victim D, “Ada operated by the Defendant in Ulsan-gu, Nam-gu, U.S., U.S.A., that “A.C. need to pay off the money before four months elapse.”

However, the defendant did not have any intention or ability to pay the credit card loans in excess of KRW 10,00,000,000 without any particular property at that time, and since the multi-party business was not well established, the defendant did not have any intent or ability to pay the credit card loans from the victim

As such, the Defendant, as from the time when he was accused of the victim and was transferred 4.75 million won to the post office account (F) in the name of E living together with the victim in that place, from that time, from that time to that time.

7. By the end of 27. A total of eight times, a sum of KRW 59.9 million was remitted from the victim, such as the statement in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes on remittances;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. The decision-making defendant acknowledges the crime of this case; the defendant agreed with the victim that the victim does not want punishment for the defendant; the defendant has the same record as the defendant, but there is no criminal record exceeding the fine; the amount of the damage of this case; the age, character and conduct, environment, motive, means and consequence of the crime of this case.

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