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(영문) 인천지방법원 2018.09.07 2018고단4845
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 2017, the Defendant had been aware of the victims who were working as a volunteer in the workplace while working as gldddddddddddddddddds at D Ri E golf courses located in Pyeongtaek-gun, Gangwon-do.

On December 6, 2017, at around 23:30 on December 23:30, 2017, the Defendant would immediately repay the victim F with the money from the Driart Living Hall located in Pyeongtaek-gun, Gangwon-do to the victim F.

In addition, the purpose of “the remittance to the bank account in the name of G was false.”

However, the above G’s account was thought to be used as gambling funds even if it was borrowed money from the above account used for sports sports sports sports sports sports sports sports sports Internet gambling, and even if it was borrowed money from the victim in the amount of KRW 20,000,000 without any particular revenue at the time, there was no intention or ability to complete payment.

Therefore, the Defendant, as seen above, obtained a total of KRW 19,700,000 from the time to December 16, 2017 by deceiving the victim and receiving KRW 1,000,00 from the bank account in the name of G to the bank account in the name of borrowed money from the victim, including the transfer of KRW 1,00,000 from that time to December 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, H, I, and J;

1. The application of F’s national bank account entry and withdrawal details used by the Defendant, F’s national card used by the Defendant, I’s entry and withdrawal details, the Defendant’s Stockholm dialogue, F transaction details, and H transaction-related statutes;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100,00) [the scope of the reduced punishment from January to October, and the final sentencing due to the increase in multiple crimes] [the scope of the reduced punishment] or considerable amount of punishment.

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