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(영문) 울산지방법원 2019.11.27 2019고단986
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2015, the Defendant made a false statement to the victim B, stating that “I will pay back all of the money borrowed prior to the lending of money. I will also pay back all of the money.”

However, at the time, the defendant did not have a cash of KRW 160 million and the defendant could not inherit the above amount. At the time, the defendant did not have any intention or ability to pay money normally even if he borrowed money from the victim with only a debt of KRW 70 million or more without any particular property or income.

Nevertheless, the Defendant, by deceiving the victim as above, stated in the bill of indictment (E) in the name of Do Association Account (E) in the name of DaF on May 11, 2015 from the victim, but it is apparent that it is a clerical error, thereby receiving KRW 1,50,000 as a correction box ex officio, as well as receiving KRW 1,185,00 in total by the same method eight times from March 9, 2016 through the same method as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Application of the DNA Acts and subordinate statutes to the complainants;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. The defendant who made a decision of sentence has led to the confession of the crime of this case and has been repented, and the defendant is guilty.

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