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(영문) 청주지방법원 2018.07.03 2017고단1132
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On June 28, 2016, the Defendant made a false statement to the victim D in the C golf practice district located in Cheongju-si, U.S., “A. to purchase a computer at a price lower than the market price and to pay the insufficient purchase price by obtaining a loan from his father’s real estate as security.” The period for loan examination is two weeks with two weeks with the loan period, and only two weeks with the loan of money, to use it as a computer purchase price and to repay money.”

However, since the defendant did not have applied for a loan to his father's real estate as collateral, the defendant did not have any intention or ability to repay the loan within two weeks, and did not have any intention or ability to purchase the loan from the victim at a higher price than the computer price.

The Defendant, as such, by deceiving the victim, received KRW 5,00,000 from the new bank account (E) opened in the name of the Defendant on the same day from the victim, and KRW 5,000,000 from the same account on July 12, 2016, and KRW 10,000,000 from the same account on July 19, 2016.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation Report (to submit a response to a suspect's credit information inquiry), NICE Evaluation Information Co., Ltd.;

1. Application of Acts and subordinate statutes to the details of transactions of deposits, cash storage certificates, and copies of text messages;

1. Although there are favorable circumstances such as the defendant's statement that he/she has suffered mental pain, such as the pertinent legal provisions on criminal facts and the provision of Article 347 (1) of the Criminal Code of the Selection of Punishment (Punishment of Imprisonment with prison labor), the reason for the sentencing of punishment, the difficulty of business before and after the crime and divorce, etc., which led to the crime, there are many kinds of records, and the victim, alone, appeals for serious damage under the situation where he/she raises her own child, the agreement or compensation for damage, and the age of the defendant is rarely not reached.

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