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(영문) 서울서부지방법원 2019.01.16 2018고단3757
사기
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 (one fingers) shall be confiscated.

Reasons

Punishment of the crime

When there is a shortage of living expenses, the defendant has been willing to borrow money with a false statement to lend money to the actors.

피고인은 2018. 7. 20. 14:00경 서울 마포구 B에 있는 C은행 성산동지접에서 피해자 D에게 “내가 강릉에서 사업을 하는 사람인데, 전날 밤에 부인과 술을 먹고 휴대폰과 지갑을 모두 잃어버려 차비가 없으니 강릉 갈 차비 26만 원을 빌려달라”고 거짓말을 하며 담보로 자신이 손목에 차고 있던 가짜 롤렉스 남성 시계를 피해자에게 교부하였다.

However, the defendant did not have the intention or ability to repay even if he borrowed KRW 260,00 from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 2.60,000 from the victim as the borrowed money, and received KRW 880,000 from the victim four times in total from October 8, 2018, as shown in the attached list of crimes.

Accordingly, the defendant deceivings the victims and received property from the victims.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written petition for the G production;

1. On-site photographs (a white paper in the C bank);

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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

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

1. For the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, each crime [the range of recommending punishment] general fraud (less than KRW 100 million) subject to the aggravated area (one to two years and six months) of category 1 (less than KRW 100 million) [a person under special guard] subject to an unspecified or large number of victims, or committing a crime repeatedly for a considerable period, the final sentencing scope according to the aggravated punishment for multiple offenses: A year to four years and seven months [a decision of sentencing] disadvantageous to an unspecified student.

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