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(영문) 대전지방법원 2016.11.29 2016고단1888
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who associates with C (n, 25 years of age) of a victim (n, 25 years of age) who became aware of through personal PT teaching around December 2012.

On March 2013, the Defendant stated that “Around March 2013, the Defendant may lend money to the victim as much as he/she is required to pay the money.”

However, the Defendant was liable to pay 30,000,000 won due to credit cards and loans, etc., and there was little amount of money remaining after deducting the interest on loans and living expenses from monthly income. Therefore, even if the Defendant borrowed money from the victim, he did not have any intention or ability to pay it.

Nevertheless, around April 8, 2013, the Defendant, by deceiving the victim as above, received KRW 3,000,000 from the victim’s national bank D account in the name of the victim to the Defendant E account in the name of the Defendant, and received KRW 164,264,60,00 in total from around that time to May 25, 2015 by the same method as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Partial statement of each police suspect examination protocol against the defendant;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the details of entry, withdrawal and settlement, details of financial transactions by the accused, details of repayment by loan companies, and details of payment of salaries;

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

1. Of concurrent crimes, the sentence shall be determined as ordered in comprehensive consideration of all the unfavorable circumstances such as the substantial amount of damage for reasons of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the failure to recover damage, etc., circumstances favorable to the defendant's primary offender and other various conditions of sentencing, including the defendant's age, character and conduct and environment, etc.

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