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(영문) 창원지방법원 2017.11.09 2017고단1772
사기
Text

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

Reasons

Punishment of the crime

On July 21, 2015, the Defendant called the victim B, who was the land in Changwon-si, from Changwon-si, to pay for the card use amount. The Defendant would promptly receive a credit card loan with five million won.

“False speech was made to the effect that it was “.”

However, the Defendant, at the time of bad credit standing, borrowed money from the victim, such as the card loan amounting to KRW 40 million and the card amount paid every month was an average of KRW 4 million. The Defendant used credit card in the name of the Defendant and was using a credit card in the name of the Defendant’s friendly parent, and it was unclear whether the Defendant could receive additional card loan due to excessive debt.

On July 21, 2015, the Defendant: (a) by deceiving the victim as above; (b) received money from the victim to the Saemaul Treasury account in the name of the Defendant for the loan from the victim; and (c) received money from the victim for the loan; and (d) received money from the victim, from then on April 8, 2016, a total of KRW 7,780,000 from the victim on 14 occasions, such as the list of crimes in the attached list, from April 8, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to B;

1. Application of Acts and subordinate statutes to the details of account transactions, replys upon request for cooperation with investigation, and details of transactions on deposit and withdrawal;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. The reasons for 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 are as follows: the following circumstances: the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; various circumstances, such as the motive, means and consequence of the crime; and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee (type 1 (less than KRW 100 million).

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