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(영문) 수원지방법원 평택지원 2015.04.24 2014고단2045
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant made a false statement to the effect that “D” restaurant in Pyeongtaek-si C would open a job placement office in the orchard, but would lend the principal amount of eight million won with the deposit to the victim E after three months.”

However, in fact, the Defendant’s financial standing has deteriorated as at the time, including the amount of 68 million won and the amount of the obligation should be used for the repayment of the obligation, etc. In addition, even if the job placement office is opened, there was no possibility of making profits equivalent to the principal and interest thereof for three months. Since some amount of the amount was thought to be consumed for other purposes such as living expenses, there was no intention or ability to pay the principal and interest properly.

The Defendant, by deceiving the victim as above, received KRW 8 million from the victim under the name of the deposit on February 11, 2014, and by deceiving the victim four times in total as shown in the annexed Table of Crimes, and received a total of KRW 18.5 million from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes of a list of savings deposit transactions;

1. In light of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, and Article 347(1) of the Criminal Act, and the fact that there are several records of criminal punishment for the defendant for the reason of sentencing the choice of imprisonment with labor, and that there are two times the same records of punishment by mistake, and that there is no particular effort to deny the criminal intent of defraudation and to recover damage even though the damaged amount is reasonable, it is necessary to strictly

In addition, various circumstances recorded in the records, such as the defendant's age, character and conduct, family environment, etc., shall be taken into account, and the punishment of fraud shall be imposed in consideration of the degree of the amount of fraud fraud [the punishment of a person who is lower than the lower limit of June to June] in the basic area (less than the lower limit of June to June).

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