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(영문) 서울북부지방법원 2018.01.17 2017고단2890
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 23, 2016, the Defendant was unable to pay money to the victim D on April 23, 2016.

It is intended to lend money to another person at the end of November 2016.

“.....”

However, in fact, the Defendant tried to use money from the injured party for personal purposes, such as repayment of debts, and there was no property in the name of the Defendant, and there was no limit of 6 million won, and there was no limit of deposit, and there was no limit of deposit, so even if he borrowed money from the injured party, there was no intention or ability to repay the money.

Nevertheless, the Defendant received KRW 5 million from the injured party, i.e., from the injured party, to the National Bank E account in the name of the Defendant, from the third party, on June 16, 2016, a total of KRW 35 million was transferred from that time by the same method as in the list of crimes in attached Form 1 by the same method until June 16, 2016.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Application of Acts and subordinate statutes on passbook details;

1. The provision applicable to the crime and the provision of Article 347(1) of the Criminal Act that has no criminal record other than one prior to a fine for the defendant for the reason of sentencing (the choice of imprisonment), the fact that the defendant does not have any criminal record other than the previous criminal record, even though the amount of defraudation is not so much, the payment of damage was not made at all, and the punishment is determined as ordered in consideration of the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime

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