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(영문) 수원지방법원 2017.02.10 2016고단2807
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 11, 2007, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. in the Daejeon District Court Branch of Daejeon District Court on July 11, 2007 and was serving in prison for a period of one year and six months. On August 14, 2008, the Defendant terminated the execution of a punishment with special amnesty (peach of exemption from punishment).

On January 5, 2011, the Defendant: “D” clothes placed by the Defendant in Ulsan-gun, Ulsan-gun, U.S., U.S., for the Defendant, “D,” and loaned money to the Victim E, which is necessary to collect money; thus, the Defendant would be paid in gold.

“......”

However, in fact, the Defendant did not have any particular property at the time and did not have any intent or ability to repay the debt even if he borrowed money from the injured party, because the Defendant was in a situation where he received the credit recovery support and repaid the debt with a debt equivalent to 48 million won, such as credit card payment.

As such, the Defendant, by deceiving the victim, received KRW 4 million from the victim to the post office account in the name of the Defendant on the same day as the loan money, and acquired it by deceiving the victim five times from that to July 7, 201, and took part in the transfer of KRW 32 million in total from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Entry of details of trading;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes described in a reply to inquiry, such as criminal history, investigation report (a confirmation of the same type of force);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment on the sentencing guidelines / [types] the mitigation area [special sentencing factors] of Class 1 (less than KRW 100,000) - The mitigated person: A person who intentionally commits the act of deception : A person who is in the process of committing the same repeated offense.

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