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(영문) 의정부지방법원 고양지원 2017.01.06 2016고단2538
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 18, 2015, the Defendant calls to the victim C who became aware of through the Internet game at the fluoral site on July 18, 2015, and “it is necessary to manage the accounts of the customers while working at the securities company, and pay off the losses.

The loan of KRW 100 million shall be repaid to the end of the year.

Then, on August 5, 2015, it is found in the E office operated by the injured party under the Dong-gu Seoul Metropolitan City building No. 816, Chungcheongnam-gu, Seoul Metropolitan City building No. 816, and it is possible for the injured party to pay off the amount.

Notarial acts will also be enforced.

“.......”

However, the Defendant did not work in a securities company, but did not pay the insurance premium received from F as an insurance designer to the company, and only borrowed money from the damaged party to prevent this from being paid. In addition, even if he borrowed money from the victim, he did not have the ability or intent to pay it up to the end of the year of 2015, which was promised.

Nevertheless, as above, Defendant 1 received KRW 100 million in total, including KRW 25 million around July 25, 2015, around August 12, 2015, around August 14, 2015, and KRW 25 million around August 14, 2015, and KRW 100 million around August 24, 2015, from the victims of the false statement.

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 C;

1. Application of Acts and subordinate statutes on account transactions;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a) Determinations of types: Fraudulent crimes, general fraud, and Type 2 (not less than KRW 100 million, but less than KRW 500 million);

B. There is no special sentencing factor:

(c) Scope of recommendations: Basic area, one year to four years; and

3. Determination of sentence: Imprisonment with prison labor for a year, the scale of damage to the crime of fraud of this case reaches KRW 100 million, and the damage has not been recovered.

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