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(영문) 의정부지방법원 고양지원 2019.11.22 2018고단1674
사기
Text

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

Reasons

Punishment of the crime

On November 24, 2016, the Defendant was sentenced to a suspended sentence of two years for one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the said judgment was finalized on December 2, 2016. On May

Around January 19, 2015, the Defendant made a false statement to the “C” office in which he had worked, and the Defendant made a false statement to the victim D, stating that “If he/she lends KRW 60 million to the victim, he/she will make a repayment to the victim at least eight (8) months later, he/she will make a payment.”

However, the defendant did not have any intention or ability to repay the borrowed money, because the defendant was in a situation where he was unable to return the borrowed money without any particular property more than KRW 100 million.

Around January 20, 2015, the Defendant, by deceiving the victim and deceiving it from the victim, acquired the victim with a total of KRW 30 million with an enterprise bank account (E) in the name of the Defendant, and KRW 60 million with the same account around the 21st day of the same month, including KRW 30 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Borrowing certificates, account details, text statements, marriage relation certificates, written judgments, and replies to F Co., Ltd.;

1. Records before judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of suspect records);

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

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes are as follows: (a) the defendant recognized the crime of this case and reflects his mistake; and (b) the fact that there was no record of punishment for the crime of property prior to the crime of this case, etc.

On the other hand, the amount of defraudation of this case is not so much as KRW 60 million, and it seems that most of them have not been recovered from damage until now, and it is present on the date of adjudication.

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