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(영문) 서울남부지방법원 2021.02.03 2020고단5192
사기
Text

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

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

Reasons

Punishment of the crime

1. The Defendant, around December 10, 2019, had been issued to the Republic of Korea by the Defendant and sold the Pested Pested Pested Pested Pested Pested Pested Pested Pested Pested Pested Pested Pested Pested Pested Pested Pested P

In order to send money, it was said to the effect that the page will bring in the letter of apology.

However, at the time, the defendant did not have the intent or ability to purchase the Pest as agreed even if he received money from the injured party with the purchase fund of the Pest.

Around December 11, 2019, the Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 17,6477,00 from the Agricultural Cooperative Account in the name of C on four occasions; and (c) received delivery of KRW 17,647,00 from the

2. On December 15, 2019, the Defendant phoneed the victim B with “36 million won in purchase fund.”

The purpose was to say that the loan of KRW 36 million is “I will deliver a page by not later than the date of payment” in addition to the transfer amount.

However, at the time, the Defendant did not have any intent or ability to purchase a lawsuit according to the agreement even if he received the money from the injured party as above.

Around December 16, 2019, the Defendant: (a) by deceiving the victim; and (b) received delivery of KRW 36 million from the victim’s bank account with D’s name around December 16, 2019.

Summary of Evidence

1. Application of Acts and subordinate statutes to a transaction statement between December 1, 2019 and February 29, 2020 by the Defendant’s second-time statement B in the police statement No. 2063, Feb. 29, 202

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [type 2] The general fraud [type 2], and the amount of less than 500 million won (special sentencing factors] shall be reduced. The scope of the recommended punishment according to the sentencing guidelines shall be the area of recommendation and a significant damage shall be recovered.

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