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(영문) 대전지방법원 공주지원 2020.05.29 2020고단97
사기
Text

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

Reasons

Punishment of the crime

On April 18, 2010, the Defendant made a false statement stating that “A large amount of money to be received to E exists” in Section C of the B building at the time of official residence and that “A large amount of money to be paid to E may be used by up to 80% of the next value if a high-class car is purchased in the name of E with a set, and then it is over to Brobeer. A large amount of profit will be left if a vehicle is lent money and expenses in the name of installment payments to purchase a vehicle.”

However, in fact, the defendant thought that he will use the money received from the victim for living expenses or casino, so even if he received the money from the victim as the borrowed money, he did not have the intention or ability to return the money to the victim after purchasing the money and returning the money.

On April 30, 2010, the Defendant, by deceiving the victim as above, received KRW 16,250,000 in total seven times from around that time to May 24, 2010, respectively, from a national bank account (Account Number F) in the name of the Defendant, under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D and G;

1. Application of Acts and subordinate statutes on the passbook for self-reliance deposit, and details of deposit transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to ten years;

2. Reduction factors of less than KRW 100,00 (special-purpose persons): Reduction area of a self-denunciation or internal corruption accusation (the area of recommendation and the scope of recommendation), reduction area, imprisonment for one month to one year; and

3. Determination of sentence: The following conditions and the defendant's age, character and conduct, intelligence and environment, family relationship, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime are revealed in the course of the record and the trial of this case:

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