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(영문) 인천지방법원 2015.10.22 2015고단5481
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant became aware of the victim D while working in C factory that makes mobile phone cases in one month in 2012.

On April 9, 2013, at a place where a place below Australia was unknown, the Defendant made a false statement to the victim by telephone, stating that “The Defendant would have to pay the time-to-face money to the Defendant, who was studying in Hoju, and was paid school expenses at retail.” If the Defendant lent money, 30 million won to the Defendant, but, if entering Korea, would have to pay the time-to-face money.”

However, there was no fact that the Defendant joined the 30 million Korean Won with a senior mother in Korea, and there was no intention or ability to repay money even if the Defendant borrowed money from the victim because it was difficult to properly prepare living expenses at the time.

Nevertheless, the Defendant, by deceiving the victim as above, received 4 million won from the victim to the Defendant’s new bank account, and then acquired 94,290,000 won by deceiving the victim as if he/she were to immediately repay, even though he/she did not have the ability to deceive or repay the name of the victim over 51 times as shown in the attached crime list between April 9, 2013 and July 3, 2014, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on new bank account transactions, letters and photographs, new bank account investigation meetings, the specification of the entry into and departure from national banks, the message details, and the application of the new bank account transaction details;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for criminal facts, the reason for sentencing of the choice of imprisonment [Determination of the sentence] Fraud / General Fraud / [Determination of the recommended area] Basic Field (referring to six months to one year and six months of imprisonment] - There is no record of criminal punishment / There is no record of criminal punishment / Major reasons for mitigation / There is no negative agreement - there is no positive record of criminal punishment - there is no positive reason for major reference - there is no record of criminal punishment - there is no general reason for general reference : there is no effort to recover from negative damage / [Determination of the sentence].

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