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(영문) 창원지방법원 2017.07.13 2017고단505
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 16, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Ulsan District Court for a period of eight years, and operated a restaurant in the name of “C”.

On December 2, 2014, the Defendant called the victim E at the above restaurant located in Kimhae-si D and made it difficult for the Defendant to pay money to the victim E. In addition, the Defendant did not receive money from the president and the vice president did not receive money from him.

If you send money in the name of Libyn (G), you will receive money in the form of lending money to the new form of money.

In this regard, it made a false statement to the effect that it is called “the sending of money to the wife in the name of the Party.”

However, even if the defendant has the victim remitted money, the defendant was planning to receive the money again and pay the personal debt of the defendant without true reporting to F, who is the wife of the victim.

As such, the Defendant, by deceiving the victim and making the victim transfer KRW 30 million on December 30, 2014, and KRW 15 million on December 31, 2014 to the above F’s national bank account, and by making the victim transfer KRW 45 million on December 31, 2014 to the above F’s account under the name of the Defendant, thereby defrauding the victim.

Summary of Evidence

Application of the Police Statement E to the Defendant’s Legal Statement F, and the F’s Record Transfer Confirmation Act and subordinate statute

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

2. The fact that the crime is deemed to be bad in terms of the content of deception of the reason for the sentencing of selective punishment, and the degree of the criminal intent by deception, and that the defendant has the record of being suspended from the execution of the same kind of crime, and that the defendant is still unable to repay the amount equivalent to the amount obtained by deception even though two years and six months have passed since the crime was committed (the defendant repaid total amount of KRW 29,

One of the arguments, 2,91,184 won on June 15, 2017 is not clear whether the victim was collected.

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