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(영문) 의정부지방법원 고양지원 2018.09.20 2018고단120
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 208, 2008, the Defendant sent to the victim by telephone the amount of expenses to cover KRW 50 million, because the Defendant was at the end of the crime, and the Defendant was at the time to bear a large amount of expenses at the time, and even if the Defendant was given money from the victim D, it was thought that it would be used as living expenses, etc., and even if the Defendant did not have the intent or ability to make the victims to cover with the cost of selling the children as a household, the Defendant sent to the victim KRW 50,00,000 as

G. “Falsely speaking,” the member received KRW 50 million in cash from the trade name French page on March 31, 2008, Yongsan-gu, Seoul, Yongsan-gu, Seoul, as the expenses for the registration of the number of persons who suffered damage.

2. On May 22, 2009, the Defendant: (a) at a non-permanent place on May 22, 2009; (b) at the time, the Defendant bears a large amount of liability as stated in paragraph (1); and (c) even if the Defendant received money from the victim D, it is thought that it would be used as living expenses, etc.; and (d) even if the Defendant did not have the intent or ability to attract the victim’s children to a cover with a cover with a cover of cost, etc., the Defendant may implement the Defendant’s promise by telephone (e.g., a cover of five million won).

G. “A false statement” was received from the injured party the amount of KRW 5 million from the SC bank account in the name of F as designated by the Defendant on the same day, as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Details of transactions and a certificate of borrowing (No. 5 No. 5 of the evidence list);

1. The application of Acts and subordinate statutes to replys to requests for cooperation in investigation and reports on investigation (calculated of suspect's debts);

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

1. Decision on the application of the sentencing guidelines for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendation] to the general fraud category 1 (less than KRW 100 million) and the basic area (from June to one year and six months) / [the person who is subject to special sentencing]: Imprisonment with prison labor for one year.

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