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(영문) 전주지방법원 2013.07.25 2013고단1585
사기
Text

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

Reasons

Criminal facts

Since the Defendant was scheduled to use money for personal purposes, such as living expenses, even if he/she borrowed money from another person, as he/she did not have any specific occupation or any particular income, and even if he/she borrowed money from another person, he/she is expected to use it for all personal purposes, and thus, he/she has no intention or ability to repay it, and even though he/she did not have an intention or ability to open a source to the close of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government court, the victim C's house located in Jung-gu Seoul Metropolitan Government, which is located in the Seocho-gu court near the Seocho-gu Seoul Metropolitan Government court around January 2012, 2012, the Defendant stated that "the Defendant is required to open a source to the close of the Seocho-gu court near the Seocho-gu Seoul Metropolitan Government court." On March 31, 2012, he/she received KRW 7.5 million from the victim as well as receiving the money from the victim on March 31

4. 16.13 million won, and the same year.

5. 24.6 million won, and the same year.

7. Upon receipt of the remittance of KRW 2.4 million on November 1, 199, the cash amount of KRW 6 million was received as a fund necessary for the opening of the KRW 34.9 million in total, and acquired the total amount of KRW 34.9 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. Each investigation report and evidential materials attached thereto;

1. Application of the Acts and subordinate statutes to the complaint;

1. The circumstances favorable to the Defendant are recognized, such as the fact that the Defendant, for the reason of sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act, led to the confession of the instant crime and reflects the mistake in depth.

However, in light of the fact that the defendant committed the crime of this case even though he had the same criminal record, and the fraud amount of the crime of this case is not significant, and that the defendant does not make any effort to recover damage, punishment of the defendant is inevitable.

In addition, the sentencing conditions shown in the argument of this case, such as the age, character and behavior and environment of the defendant.

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