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(영문) 수원지방법원 2016.12.14 2015고단2754
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 2008, the Defendant made a false statement to the effect that “A in the vicinity of the Yongsan Police Station will purchase a mutual telecom, but to do so, he/she should pay the street to the competent market, etc., but if he/she lends money for the purpose of the street funds, he/she will pay it within one month.”

However, since the Defendant did not have any plan to purchase the above telecom, even if he borrowed the above money, he thought that he would pay D money regardless of the purchase of the telecom, and even if he borrowed money from the victim, he did not have any intention or ability to pay it.

Nevertheless, the defendant directly received 10 million won on March 20, 2008 from the victim who belongs to the defendant and received 15 million won on March 20, 208, and 22.15 million won on March 22, 2008.

4. 21. 3 million won was transferred to the Nonghyup Bank Account in the name of D.

In this way, the defendant was given a total of 28 million won by deceiving the victim.

Summary of Evidence

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to automatic cash withdrawal machines, specifications of transactions, and copies thereof;

1. It is so decided as per Disposition, taking into account all the grounds for sentencing, including the circumstances leading up to the crime, the nature of the crime, and the fact that the amount of damage is somewhat minor (the reasons that deviate from the lower limit of the sentencing criteria), etc., by taking into account the following factors: (a) the relevant statutory provisions Article 347(1) of the Criminal Act regarding the crime; (b) the reason for sentencing of the sentence of imprisonment [the scope of recommending] general fraud; and (c) the basic area (6 to 100 million won)

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