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(영문) 서울동부지방법원 2016.04.14 2015고단3346
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 2, 2009, the Defendant, from the Ba-dong, Daegu Dong-gu, Daegu Ba-dong on February 1, 2009, “The Defendant has performed an auction related to the auction of the real estate.”

There is a lot of profit from selling real estate auction goods after receiving a successful bid, and if you lend money, they will receive the successful bid and sell it and give half of the proceeds.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have the ability to sell real estate, and the money received from the injured person is expected to be used for living expenses and other debt repayment, so even if he received money from the injured person, he did not have the intent or ability to pay the money.

Nevertheless, on September 4, 2009, the Defendant received 10,000,000 won from the injured party to the Daegu Bank account (D) in the name of the Defendant, and received a total of 67,50,000 won from around the above day to February 3, 2010 by the same method as in the list of crimes in attached Form 16 times, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. E statements;

1. Account transactions, references to requests for the details of demand transactions, replys to inquiries, copies of bankbooks, and information on auction date;

1. Investigation report (the details of victim C telephone investigation and criminal suspect's criminal complaint);

1. Application of the Acts and subordinate statutes to the complaint;

1. The punishment is determined by comprehensively taking into account all the circumstances, including the circumstances and contents of the instant crime, the degree of damage, damage recovery, and all the circumstances before and after the instant crime, the Defendant’s occupation, sexual conduct, and the situation before and after the instant crime, etc., and the reason [the scope of recommendation] for sentencing of imprisonment [the scope of recommendation] under Article 347(1) of the Criminal Act, Article 1 of the basic area (from June to January to June] (the special sentencing person] (the sentencing person].

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