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(영문) 춘천지방법원 속초지원 2015.04.29 2015고단29
사기
Text

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

Reasons

Punishment of the crime

On February 26, 2014, the Defendant was sentenced to two years of suspended sentence for one year of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the early branch of the Chuncheon District Court on February 26, 2014 and the judgment became final and conclusive on March 6, 201

Criminal facts

On September 21, 2013, the Defendant made a false statement that “When sending Korean money to the victim B, the Defendant would exchange the money with Chinese money and pay interest accrued therefrom. When necessary, the Defendant would return the principal at any time.”

However, the Defendant was in bad credit standing due to the Defendant’s failure to repay the obligation equivalent to KRW 20,000,000 to agricultural cooperatives. In other words, the Defendant was in a situation where the shipbuilding units in the name of the Defendant had an amount equivalent to KRW 50,00,00,00 owned by the Defendant in September 2013 and it was in a situation that the Defendant was unable to engage in the “defensive” due to the Defendant’s escape, and there was no intention or ability to pay the principal and interest properly even if the Defendant received the money from the victim

On September 21, 2013, the Defendant, by deceiving the victim, received KRW 20,000,000 from the victim to the account in the name of C around September 21, 2013, and received KRW 630,100,000 in total over 34 times from around that time to November 29, 2013, and received KRW 544,40,000 among them, and received KRW 85,70,000, which is the difference, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, B, and C;

1. Each investigation report (including accompanying documents);

1. Previous records: Application of criminal records, inquiry reports (involving suspects-related written judgments and personal immigration records, bound documents), dispositions not related to the suspect, and reporting results and confirmation Acts and subordinate statutes;

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

1. Circumstances unfavorable to the reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act that treat concurrent crimes: the amount of damage.

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