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(영문) 서울동부지방법원 2018.06.21 2017고단3508
사기
Text

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

Reasons

Punishment of the crime

On July 12, 2016, the Defendant, at around 14:00, stated that D apartment units under the name of the victim C with a cell phone shall be reconstructed, and that D apartment units shall be repaid immediately if they are sold.

However, the facts were owned by the defendant's mother E.

D Apartment has already been sold to F around December 2, 2013, and there was no ownership at the time, and the Defendant had no particular property or occupation as an bad credit holder, and the Defendant thought that he was stuffed in a casino with money issued by the injured party, and therefore, there was no intention or ability to repay the money even if he borrowed money from the injured party.

As such, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 2 million from the injured party on the day from the injured party, from the time to February 17, 2017, received delivery of KRW 28,80,000,000,000 from that time, as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions during a receiving period and contents of the Kakao Stockholm dialogue;

1. Application of the details of passbook and the statutes on copies thereof;

1. In light of the fact that the victim of the reason for sentencing under Article 347(1) of the Criminal Act of the relevant Article of the Criminal Act with respect to the crime is the victim of the crime, the victim’s failure to repay the damage, and the use of the money for gambling, etc., it is inevitable to sentence the defendant as the penalty.

However, in light of the favorable circumstances that the defendant recognized the crime of this case and erred, the punishment shall be determined as ordered by examining various sentencing conditions specified in Article 51 of the Criminal Act, which are shown in the records of this case.

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