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(영문) 춘천지방법원 강릉지원 2018.11.21 2018고단158
사기
Text

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

Reasons

Punishment of the crime

On November 24, 2016, the Defendant tried to establish a sub-contractor of E in C office located in C in Sam-si, Sam-si, 2016.

In order to do so, an office is required to obtain a loan to rent an office, and the office is not a loan with a loan of 30 million won instead of credit bad, it is demanded to borrow a loan of 30 million won. Because there is a money to be received from another person in the Republic of Korea from 60 million to 70 million won, it will be paid immediately after the payment of the money.

The phrase “the phrase was false.”

However, the defendant did not have a claim against others, and there was no special property or income, so there was no intention or ability to repay the borrowed money even after one week.

As above, the Defendant: (a) by deceiving the victim; (b) wired the victim to the Defendant’s F bank account (G) around November 26, 2016; (c) KRW 24 million around November 28, 2016; and (d) million around November 28, 2016; and (c) obtained cash KRW 2 million on November 26, 2016, by defrauding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the details of transactions of automation machinery, and the details of Defendant F Bank Account Transactions Acts and subordinate statutes;

1. The defendant's age, sex, environment, health conditions, circumstances leading to the crime, means and consequence, etc. are considered in light of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, health conditions, the circumstances leading to the crime, and the circumstances after the crime.

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