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(영문) 수원지방법원 성남지원 2018.11.07 2018고단1458
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, around July 29, 2017, at the victim D’s residence located in Gangdong-gu Seoul Metropolitan Government around July 29, 2017, deposited KRW 2 million to another person, and the Defendant went to the house located in the E station.

A false statement was made that “to pay money immediately after a loan is made.”

However, in fact, the defendant was urged by bond holders to pay severe debts due to the debt amounting to KRW 14 million, while the defendant did not have any intent or ability to pay money normally even if he borrowed money from the victim due to no particular property or income.

The Defendant, as such, by deceiving the victim, received KRW 2 million from the victim, namely, from the victim, the delivery of KRW 2 million as the borrowed money, and from around that time to August 7, 2017, the Defendant received a total of KRW 9,378,700 over six times, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of financial transactions;

1. Application of the Kakao Stockholm legislation

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. An unfavorable circumstance is that there is a record of the same kind of crime as the sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act.

However, the amount of damage is fully repaid, the degree of damage is not significant, confessions and reflects, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, criminal conduct, family relationship, living environment, circumstances leading to the crime, circumstances after the crime, etc., shall be determined by taking into account the following factors.

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