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(영문) 인천지방법원 2019.09.18 2019고단3693
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant was in conflict with the victim B.

On August 8, 2012, the Defendant made a false statement to the effect that the Defendant “D” office that the victim working in Yeongdeungpo-gu Seoul Metropolitan Government was “D”) with the victim “D” while working in the office of Yeongdeungpo-gu, Seoul, would have been repaid, and would have been repaid in lieu of lending money.”

However, even if the Defendant borrowed money from the victim, it was thought that most of the Defendant used it for online gambling rather than paying the existing debt. From March 2009, credit card payment was overdue, and approximately KRW 100 million was overdue, and thus, even if the victim borrowed money, the Defendant did not have the intent or ability to pay the loan on behalf of the victim.

In such a manner, the Defendant, by deceiving the victim and compelling the victim to borrow KRW 2.5 million from the E Bank on August 2, 2012, and received the above money from the E Bank.

8.24.6 million won, and the same year.

9.5. 3 million won, 16.3 million won on October 16 of the same year, 3 million won on October 22 of the same year, 20 million won on October 29 of the same year, 29.27 million won on October 29 of the same year, and 25.1 million won on November 10 of the same year, were remitted and acquired through deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol protocol law to B

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Sentencing (Determination of Criteria for Punishment) : General Fraud [Type 1] below 100 million won [no person specially punished] (the scope of the recommended area and the range of the recommended punishment] basic area; six months to one year and six months; and

2. The sentencing decision-making defendant has obtained a total sum of 25.1 million won from the victim by taking advantage of personal trust relationship, and most damages are not recovered.

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