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(영문) 창원지방법원 2020.02.19 2019고단3563
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

On September 10, 2015, the Defendant provided that “The Defendant lent money to the victim B as security when lending money to a business entity operating a factory, and if the third village fails to repay money, he/she would apply for an auction to the factory, and then look at profits from the auction.” On September 15, 2016, the Defendant provided that “The Defendant will receive 12% of the annual amount of money from the Jeju Do 30 million won and pay the money by September 15, 2016.”

However, this was not true, and there was no intention or ability to pay money as agreed.

As above, the Defendant, by deceiving the victim, received KRW 30 million from the victim who believed to be true to the Cbank account in the name of the Defendant, and acquired KRW 219.5 million in total by the same method, etc. from that time until March 29, 2019, from that time, through nine times as shown in the List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A certificate of borrowing or a certificate of borrowing;

1. Application of Acts and subordinate statutes to the automatic transfer passbook, savings deposit transactions details, and detailed statement of deposit transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] general fraud types 2 (at least 100 million won, but less than 500 million won) and the basic area (one year to 4 years) (the special person).

3. In order to establish the start-up fund of the sentence, a person who obtains a large amount of money of KRW 219.5 million by means of false statement to friendship, and the nature of the crime is bad and the liability for the crime is also hot.

Since most of the damages have not been repaid up to now, the victims also want to punish the defendant with severe punishment, the defendant is sentenced to imprisonment with prison labor.

However, the fact that the defendant paid 20 million won to the victim as interest, the fact that the defendant deposited 10 million won for the victim during the trial process, and there is no same criminal record.

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