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(영문) 의정부지방법원 2021.01.21 2019고단4843
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 30, 2019, the Defendant was sentenced to a suspended sentence of two years on August 8, 201, for the crime of opening gambling places in the credit support of the Suwon Friwon. The judgment became final and conclusive on February 8, 2019.

On September 20, 2016, the Defendant loaned KRW 25 million to the victim D to operate the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

However, the Defendant did not have any intent or ability to repay the principal and interest to the victim by paying other debt and paying interest, even if he/she borrowed money from the injured party due to a large amount of personal debt, with joint security of CMagin and C, as well as borrowing KRW 160,000 from E.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million from the injured party in cash on the same day; and (c) transferred KRW 20 million to the Defendant’s account under the name of the Defendant on September 26, 2016.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 25 million from the victim and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or E;

1. Details of deposit transactions in a written confirmation [prior to the judgment] the results of inquiry, such as criminal history, and the application of the statutes governing the highest 820 judgment

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Procedure Act: Provided, That the sentencing of Article 39(1) is based on the following circumstances and records, including the Defendant’s age, sexual conduct, environment, motive and means of and consequences of the commission of the crime, and the circumstances after the commission of the crime, and the conditions of various sentencing as shown in the argument of the case, and the sentence shall be determined as ordered.

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

The damage has not been recovered, and the damage has not been taken out from the victim.

A favorable normal situation: There is no same kind of power.

In this case.

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