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(영문) 수원지방법원 2016.01.28 2015고단5675
사기
Text

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

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On May 27, 2015, the Defendant: (a) sent a phone call to the victim B who had a relationship with the victim on May 27, 2015, as if he/she had the intent or ability to marry with the victim; and (b) “I find out the place of a new mixed tour; (c) the cost of a new package tour is KRW 2.3 million; and (d) send this money.

The phrase “assumed” was false.

However, in fact, the defendant has already been married with another person on 2007 and has already been raised by a child, so there was no intention or ability to marry with the victim, and even if he has received money from the victim, he was considered to be appropriated for living expenses, etc.

Nevertheless, the defendant deceiving the victim as above and received KRW 2,30,000 from the victim to the account in the name of the defendant in the name of the defendant in the above time-mentioned day from the victim, and acquired cash of KRW 22,30,000 from the above victim three times in total as shown in the list of crimes in the attached Table of crimes, and acquired money of KRW 3,40,000 from the above victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A detailed statement of each transaction;

1. Correspondence;

1. Application of statutes on the details of medical treatment;

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

1. Article 25(3)2 and 3 and Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Dismissal of Application for Compensation (Article 25(3)2 and 3, and Article 32(1)3 of the Act on Special Cases concerning Compensation for Damages is not reasonable to issue an order for compensation as the scope of

[Judgment] Grounds for sentencing

1. The case where a criminal act is committed by significantly poor in the number of offenses, or by deceiving the court in the trial proceedings, in the aggravated area (one year to two years and six months) of Class 1 (less than KRW 100,00) of general fraud according to the sentencing guidelines;

2. Determination of sentence: The defendant shall be sentenced to 8 months of imprisonment with prison labor, even though he/she was unable to make a marriage with the victim as a mother of 3 married women interest, through thorough concealment of such facts.

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