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(영문) 춘천지방법원 2019.07.23 2019고단466
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 29, 2017, the Defendant made a false statement to the victim D, “The Defendant would have to wear a sacrife the sacrife to the sacrife to the sacrife to the sacrife of the sacr.”

However, in fact, the defendant thought that he would use the money received from the victim for his personal debt, and that he would not have the intention or ability to purchase the other money in a normal way even if he receives the other money from the victim, because of the more accumulated situation in the case of supplying the victim with her farite money.

Nevertheless, the Defendant, as such, received KRW 120,840,00 from May 31, 2017 to December 28, 2018, a total sum of KRW 120,840,000, from 14 of the victims, as shown in the annexed crime list, as well as from May 31, 2017 to December 28, 2018, by deceiving the said victims and receiving KRW 76,740,00,00 from the victims as the purchase price, on nine occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victims stated in the attached list of crimes;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (at least KRW 100,000, less than KRW 500,000) and mitigation area (from June 20 to February 6): Special mitigation area (at least 1 step increase as a result of adding together the same competition, the number of victims is larger than the total amount of punishment (decision of sentencing).

The sentencing conditions, such as the defendant's age, environment, character and conduct, means and consequence of the crime, etc., are the fact that the defendant is led to confession and reflect, the defendant faithfully pays damages according to the agreement with the victims.

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