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(영문) 서울서부지방법원 2018.07.06 2018고단1409
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 27, 2017, the Defendant knew that there is a balance in the D deposit account of the victim C, who is a franchisor, in a construction site located in the building site located in the Chungcheongnam-gun B, the Defendant would receive the victim’s deposit money from the victim.

Then, we need to keep the passbook and seal on the liquor tax.

“Along with the false statement, the member, who was issued a passbook and seal in the name of the victim from the victim, withdrawn KRW 31 million from the F, which was entered in the name of the victim, using the above passbook and seal, from around 09:25 September 28, 2017, around 09:25, by using the above passbook and seal with the victim’s name.

As above, the Defendant acquired the passbook owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment with prison labor) in relation to the facts constituting an offense;

1. Basic area (from June to June) of the sentencing criteria set up by the Sentencing Committee: The basic area (from June to June) of the Sentencing Committee; and

2. Considering the fact that the sentence is a crime by final and conclusive criminal intent, the nature of the crime is not good in light of the content and circumstances of deception, the fact that the damage has not been restored until now, and the fact that the same criminal history reaches three times, etc., the amount of the defrauded money in this case should be considered.

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