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(영문) 수원지방법원 안산지원 2018.07.20 2017고단2184
사기
Text

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

Reasons

Punishment of the crime

The Defendant and the victim B were dead from around 2011 to from around 2014, and the Defendant was in need of living expenses, etc., and the Defendant was willing to inherit a large amount of property, thereby deceiving the victim to acquire money from the victim as if he would receive a large amount of property.

On October 12, 2012, the Defendant: (a) around 19:00 on October 12, 2012, the property inherited from his father was at least KRW 3.2 billion; (b) the amount was within 1/3 of that money.

If the money enters the passbook with the head of the Tong, he/she borrowed the money to be repaid. "A false statement" was made.

However, the defendant did not have property inherited from his father, and even if he borrowed money from the damaged person due to no special income, there was no intention or ability to pay it.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 3,400,000 to the Saemaul Treasury Account under the name of the defendant on the same day.

In addition, the Defendant received 50,643,000 won in total over 41 times from May 201 to November 23, 2014, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to B

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant need to strictly punish the Defendant in light of the following: (a) the Defendant had been punished several times for the same crime of fraud; (b) the relationship with the victim at the time; (c) the content and degree of deception; and (d) the degree of damage, etc.; and (c) the fact that the damage has not been recovered until now.

In addition, the punishment shall be determined as ordered by taking into account the records and the conditions of sentencing as shown in the trial process, such as the defendant's age, sex, environment, circumstances after the crime, and the circumstances after the crime.

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