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(영문) 인천지방법원 2017.11.24 2017고단3408
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 1, 2015, while the Defendant was working as an insurance designer, on December 1, 2015 in the coffee shop near Jongno-gu Seoul building, the Defendant made a false statement to the effect that “B” to the victim is the representative of “D” and is entitled to the apartment sale right in the Chungcheong north-to-west voice, and the commercial rent and model house construction cost are insufficient, and therefore, the Defendant made a false statement to the effect that “I will pay the borrowed money up to February 27, 2016 and transfer the right of sale.”

However, the defendant did not have any relationship with D, and at the time, the Model E was merely a member of the insurance company of the defendant, but was not a landowner, and was thought to use the money for living expenses, etc. by receiving the money from the victim.

The Defendant, by deceiving the victim, received 30 million won in the name of the borrowed money from the victim to the account in the name of E on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of written Acts and subordinate statutes to a complaint, a certificate of borrowing, a certificate of content of a loan, an inquiry into transaction tax, each written statement of contents, and proof of contents;

1. There are favorable circumstances, such as the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the Defendant’s recognition of and reflects the reason for sentencing a sentence of imprisonment, and the fact that there exists no record of criminal punishment prior to the instant crime.

However, the crime of this case is a planned crime, which is not suitable in light of the law or content of the crime, and it is inevitable to sentence sentence, if it takes into account the unfavorable circumstances such as the fact that the crime of this case is committed in a way that the nature of the crime is not good in light of the law or content of the crime, the amount of fraud is not substantial and there is no considerable time after the crime was committed, and the mental and economic suffering suffered by the victim seems to have been considerable.

2. Term of punishment;

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