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(영문) 수원지방법원 안양지원 2017.05.23 2017고단505
사기
Text

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

Reasons

Punishment of the crime

[Criminal record] On October 23, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Jeonju District Court on January 17, 2016 and completed the execution of the sentence at the military prison on January 17, 2016.

[2] On May 1, 2016, the Defendant posted a statement on “Clock 3 million to 4 million won per month,” and reported it to the Defendant, she only her around the king Station in the vicinity of Singu-si in Singu-si, which she gains a large amount of profit while displaying it on the sports soil site. Thus, the Defendant would pay 30-4 million won per day if she lent her money to her.

A false statement was made.

However, at the time, the Defendant did not have direct and special property, and was thought to use the money received from the victimized party as gambling expenses or living expenses. The Defendant was addicted to illegal sports sports sports sports discussions site and bears a large amount of debt, and there was no intention or ability to pay the money as promised even if he received the money from the injured party.

Around May 20, 2016, the Defendant: (a) by deceiving the victim; (b) received KRW 2 million from the injured party; and (c) obtained the total amount of KRW 82,389,944 from the seven victims in the same manner from March 7, 2017 to obtain the delivery of KRW 82,389,94 in the same manner as indicated in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol and statement protocol (secondly made) made by the police with respect to D;

1. Each police statement made to C, E, F, G, and H;

1. Statement made to I by the police;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to previous rulings, etc.);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing in Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations in the sentencing guidelines] - Type 1 (less than KRW 100,000).

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