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(영문) 울산지방법원 2020.05.08 2019고단2802
사기
Text

A defendant shall be punished by imprisonment for a period of two months.

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

Reasons

Punishment of the crime

around January 16, 2017, the Defendant stated that “The Defendant shall immediately repay the victim B with an extended amount of KRW 10,000,000,000,000,000,000,000,000,000,000,000,000 won.”

However, in fact, there was no property owned by the Defendant and it was difficult for the Defendant to pay the fraternity due to the absence of fixed income, and the money borrowed from the victim is expected to be used to repay the existing debts, and there was no intention or ability to pay the victim.

As above, the Defendant, by deceiving the victim, received KRW 1 million in cash from the victim, that is, from the victim, and received KRW 9 million in cash from the E bank account in the name of D, and acquired KRW 10 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. The receipt of loan, credit information for the suspect, details of the payment of the suspect's fraternity fee, warrant and reply;

1. Application of Acts and subordinate statutes to a criminal investigation report ( telephone conversations between a complainant and a criminal investigation report (Submission of details of entry into bankbooks who are a criminal complaint);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence is that the defendant acquires money from the victim and does not recover the damage.

However, the punishment as ordered shall be determined by taking into account the fact that the defendant led to the crime of this case, and that there is no record of the punishment so far, and that there is no record of the punishment so far, and other various sentencing factors, such as the age, environment, means and consequence of the crime, and the circumstances after the crime.

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