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(영문) 춘천지방법원 강릉지원 2019.10.10 2019고단936
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 12, 2017, the Defendant stated that “A victim C, who was playing in the dwelling of the Defendant of the first-si B and the second-class Defendant, was able to pay money if he was unable to do so.” If he was to do so, he would be able to pay money if he was unable to do so. If he was to receive the money, he would return the money to reduce the interest on the fifth (5) per month.”

However, since the defendant did not have any particular income at the time, it is necessary to use all borrowed funds from the victim for the cost of living, there was no intention to conduct the loan business, and there was no intention or ability to repay the debt to the victim.

Ultimately, the Defendant, as above, by deceiving the victim as above, received KRW 3 million in cash on the same day from the time to October 10, 2019, and acquired KRW 68,970,000 in total on 37 occasions, such as the list of crimes, from January 10, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of the details of cash delivery, details of account transactions, loan certificates, and documentary evidence of contents;

1. Investigation report - Attachment of credit information replies by suspects, and the application of Acts and subordinate statutes on credit information replies;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the reasons for sentencing choice of imprisonment with prison labor;

1. Scope of punishment by law: One month to ten years;

2. Aggravation factors of less than KRW 100,00 [type 1] Aggravation factors of fraud according to the sentencing guidelines: Where a person commits repeatedly a crime against unspecified or many unspecified victims or over a considerable period of time (the area of recommendation and the scope of recommendation), the area of aggravation [the area of recommendation and the scope of recommendation], one year and two months and six months;

3. Circumstances disadvantageous to the decision of sentence: The offense is bad in light of the circumstances and methods of the offense by the accused, the damage is not repaid at all, and the victim is serious due to the offense by the accused;

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