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(영문) 수원지방법원 2018.07.12 2018고단1760
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On November 2015, the Defendant called the phone to the victim B, who was in an infinite Seoul (hereinafter referred to as the “Finite”) and was infinite, there is a lack of business funds for the Defendant to import and sell the chairs, etc. in China.

If a person borrows money with a loan, he/she shall use the money as a business fund to repay the loan.

“The phrase “ was false.”

However, at the time of fact, the Defendant did not operate a business importing interest from China, and had already been able to consume the money borrowed from the injured party in terms of living expenses and repayment of debts, etc., and even if he borrowed money from the injured party, there was no intention or ability to repay the money.

The Defendant was transferred, on November 11, 2015, KRW 500,500,000 to the Defendant’s deposit account on December 12, 2015, KRW 5 million on the 13th of the same month, KRW 5 million on the 14th of the same month, KRW 5 million on the 16th of the same month, KRW 5 million on the 16th of the same month, KRW 5 million on the 17th of the same month, KRW 5 million on the 17th of the same month, KRW 5 million on the 18th of the same month, and KRW 3.9 million on the 19th of the same month, respectively.

Accordingly, the defendant was given a total of 38.9 million won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Investigation reports (verification of the details of transactions and persons who committed crimes);

1. Inquiries about the details of each transaction, and the application of the NIC Evaluation Information Act and subordinate statutes;

1. The applicable legal provisions for criminal facts, Article 347(1) of the Criminal Act for the selection of punishment, the reasons for sentencing of imprisonment [the scope of recommendation] of general fraud [the scope of recommendation] (from June to January, 16) in the basic area (no person subject to special sentencing] [the sentencing person]: the sentencing range compared with recommended punishment: six months to one year and six months [the sentence]] there is no recovery of any normal damage inflicted on the defendant (the defendant paid the total amount of KRW 4,651,848 to the victim after committing the crime in this case, but this does not extend to the interest of loans borrowed from the lending enterprise by the defendant and the victim was accused by the defendant).

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