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(영문) 서울서부지방법원 2019.01.09 2018고단2709
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, through the tank Go-dong meeting around July 2015, 2015, was a person who flicked around November 2016 by the victim B.

On August 13, 2015, the Defendant made a false statement to the effect that “If the Defendant borrowed the money that is urgently needed to pay the money, such as the overdue charge, etc., to the victim, the Defendant would immediately pay the money upon receiving the monthly benefit for nine months.”

However, the fact is that, with the Internet gambling, the lending company did not lend the number of 0 million won from the lending company and was unable to repay the loan at once, and there is a circumstance that the defendant would have failed to pay the living expenses and interest with the income of the defendant due to frequent severance from employment, so there was no intention or ability to repay the loan from the victim.

As such, on August 13, 2015, the Defendant, by deceiving the victim, received money of KRW 1 million from the victim to the account of the Defendant’s community credit cooperatives account on August 13, 2015, and acquired financial benefits by deceiving the victim or acquiring financial gains by deceiving the sum of KRW 60,430,557 from that City to November 21, 2016, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

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

1. Protocol of the police statement concerning B;

1. A detailed statement of prize and transactions, and the application of statutes governing C message content;

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. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Article 32(1) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of the Dismissal of Application for Compensation Orders (i.e., partial repayment and agreement, which can be deemed as not clear in the scope of liability for damages) is large and the period of crime is long, and the actual amount of damage is not much recovered until now.

However, the defendant has fixed salary.

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