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Reasons
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(영문) 수원지방법원 안산지원 2019.06.14 2018고단3876
사기
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A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2016, the defendant was friendly with the victim by taking care of the victim B's bus traveling in China, who was traveling to China from March 2016.

On July 2017, the Defendant stated that “Around July 2017, the Defendant made a telephone conversation with the victim who wants to travel with the visitors, and “The president of the CF in Ansan, who is the president of the CF in Ansan, and when sending travel expenses, 14 persons including the victim, including the victim, will be allowed to travel for a fixed period of three to four days.”

However, the defendant was not the president of the travel agency, and even if he received travel expenses from the victim, he was thought to be used for personal purposes, such as lawyer's fees and rents, so he did not have the intent or ability to allow the victim to travel on a large scale.

Around July 9, 2017, the Defendant, by deceiving the victim as above, received KRW 1.4 million from the victim, a total of KRW 5.188,00,000 from the same account around July 21, 2017, and KRW 5.188,00,000 from the same account around October 14, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of message conversations between the defendant and the victim;

1. Application of Acts and subordinate statutes concerning details of account transfer;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. The records, such as the following circumstances and the defendant's age, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

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