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(영문) 의정부지방법원 고양지원 2016.09.08 2016고단667
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From March to April 2008, the Defendant made a false statement to the victim C’s house located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul to the effect that “I would use the card if I would have to purchase the home product, and would have to pay the card by receiving land compensation if I would lend the home product.”

However, in fact, the defendant did not have certain income, was in bad credit standing, and the land compensation to D had no substance, and even if using the victim's card, there was no intention or ability to pay the price.

The Defendant received a card from the victim and used 3,670,000 won for living expenses, etc., and did not pay the price, thereby acquiring financial benefits equivalent to the price.

In addition, the Defendant acquired the total amount of KRW 48,173,194 from the victim C and the victim E 11 times in total as shown in the attached crime list between the above date and January 13, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the C substitute part);

1. Statement of each police statement of C and E;

1. Application of the details of transactions of self-reliance deposits and the Acts and subordinate statutes on card use;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: The Defendant acquired 48,173,194 won through 11 times from two victims.

The method of deception is active, diverse, and the amount of damage is not much.

The damage has not been recovered and the victim C wishes to punish the defendant.

The favorable circumstances: the defendant is against himself, and there is no same kind of criminal record.

There is no history of criminal punishment for about twenty years by the defendant.

In the course of investigation, the victim E does not want the punishment of the defendant.

Defendant. Other defendant.

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