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(영문) 춘천지방법원 원주지원 2016.08.25 2016고단597
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who operated a mutual head office of “D” in Gangwon-si, Gangwon-si, and received a victim E through the scam, and the victim was able to obtain money from the victim by using the scam with the scam for himself.

On June 15, 2009, the Defendant stated that, at the above "D" house, the Defendant would give the victim interest at 10% per month when he/she lends money with business funds, and his/her father’s estate is 1 billion won or more so he/she does not know that his/her father’s estate is more than 1 billion won, he/she would develop a computer program, and that he/she could get a big profit from lending money."

However, in fact, while the Defendant was liable for approximately KRW 30 million at the time, there was no particular property, and the Defendant did not have any miscarriage received from his father, and there was no fact that the Defendant’s father was developing a computer program, so eventually, even if he borrowed money from the victimized party, there was no intention or ability to repay it.

Nevertheless, on June 16, 2009, the Defendant: (a) by deceiving the victim; (b) obtained the transfer of KRW 1 million from the post office account (Account Number (F) in the name of the Defendant on June 16, 2009; and (c) obtained the total sum of KRW 263,405,201 from the victim by December 27, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A personal credit information inquiry report, etc.;

1. A copy of the process deed, details of financial transactions with one victim, and a copy of the passbook;

1. Application of Acts and subordinate statutes, such as each investigation report (verification of a person who has made a payment of the amount agreed upon by the suspect to the other party, verification of a defense for the other party of the traffic accident, background of failure to repair the suspect's motor vehicle, investigation of the other party of the suspect's account transaction, verification of whether the other party

1. The pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act, which provides for the punishment of the crime, are applicable to the sentencing.

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