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(영문) 춘천지방법원 강릉지원 2017.01.10 2016고단1494
사기
Text

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

Reasons

Punishment of the crime

The defendant worked as an insurance designer, and the victim B (V, 58) is a person who was insured through the defendant.

On September 8, 2010, the Defendant listens to the speech that it is economically difficult for the victim to operate the victim due to the lack of good operation from the victim in an influent restaurant located in Gangseo-gu, Gangseo-gu, and that the Defendant would lend money to the victim to the employees of the office in Korea and would not receive interest.

If the employees fail to pay the money, the employees' benefits shall be seized.

By September 8, 2011, it will be paid in full.

“A false representation was made.”

However, the Defendant was not only a person with bad credit standing at the time, but also did not have a plan to receive interest from the victim’s employees, and even if he received money from the victim, he was scheduled to use the money as his debt repayment and living expenses, so there was no intention or ability to pay the above money to the victim.

As above, the Defendant, as between July 18, 2014, received a total of KRW 82,800,000,000 from 20 times as shown in the List of Crimes, including by deceiving the victim and being immediately granted KRW 3 million in cash from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the written complaint, details of transaction, and written confirmation of transfer;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning criminal facts; Selection of imprisonment;

1. The scope of sentencing guidelines on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: Imprisonment with prison labor for 6 months - January 1 and 6 months (the fraud crime, general fraud, type 1, basic area);

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