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(영문) 수원지방법원 2020.06.12 2020고단1238
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 23, 2019, the Defendant made a false statement to the victim through the victim C, who is the victim B’s sect at Suwon-si (Seoul) on May 23, 2019, stating that “The Defendant would immediately repay at any time at any time at any time when her friend with the need for the purchase fund.”

However, the defendant did not engage in the business related to the purchase of the second class, and even if he borrowed money from the victim, he did not have the intention or ability to repay it, and was thought to use it to prevent the return of other debts.

As above, the Defendant, by deceiving the victim, received KRW 23 million from the victim to the D bank account in the name of C on the same day, and again received the said money from C to the E (F) account in the name of the Defendant, and acquired the said money by defrauding the victim more than six times in total from October 24, 2019, including by obtaining KRW 161 million from the victim at least six times in total as shown in the attached crime list, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of transactions, Kakakao Stockholm closure data, liquidity transactions meetings, principal financial transactions records, details of account transactions, application of Acts and subordinate statutes governing credit information, and credit information history;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

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

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant deceivings the victim and defrauds the victim a total of KRW 161 million, not to be less than that of the crime.

However, it is against the defendant's recognition of the crime of this case, that the defendant submitted a written withdrawal of a complaint by agreement with the victim, that the defendant has no record of punishment for the same kind of crime, that there is no record of criminal punishment since 2003, and that there is no record of criminal punishment, and that it is against the defendant's age, character, environment, and victim.

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