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(영문) 서울서부지방법원 2018.01.12 2017고단972
사기
Text

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

Reasons

Punishment of the crime

The Defendant, around January 11, 2016, was 44, the Songpa-gu Seoul Olympic Games, “The Song-gu Cultural Institute operated a printing shop by her husband, and there is a good opportunity to bring the printing machine into the printing room at this time, but the printing room is short of the money. The Defendant, on August 201, 2016, paid off the money at that time.

“.....”

However, in fact, the husband of the defendant did not operate a printing office, and even if the defendant borrowed money from the injured party, he was able to use it for the repayment of debts to others, and there was no intention or ability to repay the borrowed money as agreed.

As above, the defendant deceivings the victim as above, and the victim is 15 million won as of the following day from the victim, "her husband" written in the indictment in the trial room of the defendant is a clerical error.

C In addition to the remittance to the bank account (D) in the name of Korea, from July 20, 2016, the remittance received total of 60 million won through a total of six times from July 20, 2016, as shown in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Certificates of deposit transactions;

1. Application of Acts and subordinate statutes governing printed postal bags;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

2. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which aggravated concurrent crimes.

1. Recommendation and sentence of the sentencing criteria: From six months to one year and six months [the scope of the recommended punishment] at the time of choosing the punishment of imprisonment, the basic area (from six months to one year and six months) (no person subject to special sentencing) of the basic area (from June to six months);

1. favorable circumstances: The defendant's wrong and reflects on the defendant's wrong and the defendant's recovery of 38.5 million won out of the amount of damage 60 million won, and the remainder of the defendant's recovery shall be promptly compensated;

1. Unfavorable circumstances: The defendant's act of committing an offense, such as making a false statement without any ground, is inferior, the amount of damage is large, and the damage is completely recovered;

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