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(영문) 대전지방법원 천안지원 2018.04.12 2017고단660
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 2016, the Defendant made a false statement to the victim C at a coffee shop where it is impossible to know the trade name in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul, to the effect that “I will complete payment as the completion of the construction if I lend money to the victim C due to the lack of construction cost rapidly due to the case in progress.”

In fact, the defendant did not work for the construction company, there was no particular property or income at the time, and even if he borrowed money from the injured party, he did not intend to use it for gambling and living expenses, and did not have the intent or ability to repay the borrowed money normally.

On May 2, 2016, the Defendant: (a) by deceiving the victim; (b) obtained money from the victim to the post office account under the name of the Defendant for the purpose of borrowing money; (c) obtained money from the victim; and (d) obtained money from the victim on a total of 52 occasions from around that time to June 19, 2016 as stated in the attached crime inundation list, and acquired money from the victim on a total of 4,8290,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (C);

1. Investigation report (Submission of the details of deposits and withdrawals from the post office account under the name of a suspect-specific amount of damage);

1. Application of a detailed statement of account transactions, a detailed statement of account deposits, and a detailed statement of account deposits in a post office account under A, and one of the statutes applicable;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for criminal facts and Article 347 of the Criminal Act for the punishment of imprisonment [the scope of recommended punishment] There is no person [the person who is subject to special sentencing] in the basic area (6 months to 1 year and 6 months) [the person who is subject to special sentencing] [the method of receiving the sentence], the amount of obtaination, the amount of obtaination, the defendant failed to pay only KRW 500,000 or KRW 90,000 out of the amount acquired by the victim, and thus the damage is almost not recovered, and the criminal records of the defendant are also considered.

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