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(영문) 대구지방법원 김천지원 2018.07.12 2017고단1354
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

Reasons

Punishment of the crime

Defendant

A had a relationship with the victim D from June 2016 to July 2017.

Defendant

B was aware of Defendant A's friendship that Defendant A was able to receive money from the injured party and live easily.

From March 2017, the Defendants, from the perspective of the “F” list in the Gu-U.S. City E with the money of the victim, had reduced the entertainment expenses while enjoying male self-defenses and amusement, and conspired to receive entertainment expenses by deceiving the victim.

Accordingly, around March 3, 2017, Defendants 1 and 2 obtained a false statement to the effect that Defendant B made the victim receive money by calls from the victim, and Defendant A made a false statement to the effect that “the victim borrowed money that is urgently needed to get money due to an insured incident.” However, Defendant A did not have been subject to an insurance accident, but was thought to pay entertainment expenses from the victim.

Nevertheless, the Defendants, as seen above, by deceiving the victim, received KRW 400,000 on the same day from the injured party, and acquired the total amount of KRW 76,650,000 from around that time to July 17, 2017 by remitting KRW 35 times in total, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements (the third public trial date)

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the police against D;

1. Details of financial transactions, details of text messages, details of text messages related to the transfer of passbooks, investigation reports (as to attachment of a statement of account transactions), details of financial transactions, investigation reports (as to attachment of a statement of account transactions), and application of laws and regulations on mobile phone text messages;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the aggravation of concurrent crimes;

1. The basic area (six months to six months) of the recommendation range of the sentencing criteria and the general fraud range is less than 100 million won.

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