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(영문) 인천지방법원 2017.11.16 2017고단6441
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

In June 2016, the Defendant, within the scope of 602 of C Center 602 located in Daejeon Seo-gu, Daejeon, Daejeon, Da, “The Defendant has engaged in the business of producing and selling bags for travel in China.” The Defendant borrowed the shortage of the revenue fund to repay it immediately after three months.

“The purpose of “ was to make a false representation.”

However, in fact, the defendant was planning to use the above money for personal debt repayment or card payment, not for company operation funds, even if he received the above money due to the debt equivalent to KRW 170 million at the time, and there was no intention or ability to repay the above money to the victim by using the above money as the fund for temporary travel.

Ultimately, on June 9, 2016, the Defendant received a total of KRW 80 million from the damaged party to the bank account in the name of the Defendant on June 9, 2016, and received KRW 40 million from the same account on July 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the specifications of our card prices and the statutes governing credit information replies;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment (including the case), and Article 347(1) of the Criminal Act for the reasons for sentencing of imprisonment 【The scope of recommending punishment 】 The scope of general fraud / [1 year] - Where the degree of deception is weak - Where the degree of deception is weak, the general person who has no record of criminal punishment : 【The reason for denying the suspension of execution / The victim’s suffering from the crime is heavy as a result of the crime

In light of the external aspect of the recovery of damage, the degree of awareness of the acquisition, and the volume of the fraud, it is certain to treat within a sound society, but it is difficult to achieve the purpose of preventing recidivism.

However, the above conditions shall be considered in favor of the person who has been mitigated and the defendant's remaining good sex, the relationship of support, etc. that may decline for long-term detention.

【Determination of sentence】 Determination of sentence for six months shall be made within the scope of recommendation.

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