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(영문) 청주지방법원 2019.09.19 2019고단1465
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant is the applicant for compensation of KRW 10,000,00, and the application for compensation to C who is the applicant for compensation.

Reasons

Punishment of the crime

On September 29, 2017, the Defendant made a false statement to the victim D, who was aware of the peace in the F Bank, located in the petition-gu, Cheongju-si, Cheongju-si, that “The F Bank will lend KRW 3 million to the victim D.”

However, the defendant did not have a certain occupation at the time and did not have any property or income, and even if he borrowed money from the victim, he did not have the intent or ability to repay the borrowed money within the agreed time limit.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the G Association account under the name of the Defendant on the same day, and received KRW 112,40 million from the victims in the same way as the annexed crime list from July 19, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to H, D, C, and B;

1. Application of each statute on filing of a complaint;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, 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. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Declaration of Provisional Execution;

1. In light of the fact that most of the damage is not recovered even though it is not reasonable to issue an order for compensation or the amount obtained by deceiving the reason for sentencing under Article 32(1)1 and 3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation, and the fact that the crime, on May 23, 2014, by deceiving 12 million won from the Daejeon District Court, was punished by imprisonment with prison labor and a fine for the same crime, such as imprisonment with prison labor for one year, etc., the sentence shall be imposed; however, the sentence shall be determined in consideration of the violation, etc.

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