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(영문) 수원지방법원 평택지원 2018.10.25 2017고단1783
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On February 22, 2017, the Defendant sent a phone call to the victim B, who was a branch of Pyeongtaek-si (hereinafter referred to as "Saeung-si) and paid the remainder of the loans that he had already been paid to him, and paid to him after deposit into the passbook in the name of the head of the bank.

“A false representation was made.”

However, the Defendant was in bad credit standing and was thought to use the money remaining after paying the existing loan out of the money that was received from the injured party, and most monthly revenues were consumed due to the fixed disbursement of child support, credit recovery expenses, etc. Therefore, even if receiving the money from the injured party, there was no intention or ability to pay the credit rating by raising the credit rating.

On February 24, 2017, the Defendant received KRW 41 million from the injured party in front of the corporate bank located in Pyeongtaek-si and Seo-dong around Pyeongtaek-si.

Accordingly, the defendant, by deceiving the victim, received property from the victim and acquired it.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the accused (including a cross-examination);

1. Statement made by the police against B;

1. Details of transactions by account, C dialogue content, loan documents, details of suspect transactions, application of Acts and subordinate statutes on criminal investigation reports;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Criteria for sentencing: The basic area (from June to January 6) in the category 1 (less than KRW 100 million) shall be nonexistent from June to June 1 (the scope of recommended punishment).

2. Determination of sentencing below the sentence, taking into account the following circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence identical to the order shall be determined.

- The nature of the crime of this case does not correspond to that of the crime of this case. - The recovery of damage does not properly be achieved, except that the defendant last ten years.

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