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(영문) 서울중앙지방법원 2020.08.25 2020고단3205
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 June 1, 2016, at a place not known to the Defendant, the Defendant made a false statement to the victim B, stating that “In Kakaox, the Defendant would borrow a loan in the future on the day it comes to know of the loan at present.” On the other hand, the Defendant would receive a prior loan and pay the loan at home after the two months after the repayment of the prior loan.”

However, in fact, there was no particular property at the time, and there was no agreement between the lending company and the lending company to lend more money, so even if the lending of money from the victim was made, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received KRW 36,50,000 from the victim as the borrowed money on June 3, 2016, and received KRW 179,745,00 in total from November 12, 2019 to the Defendant’s single bank account as stated in the separate crime list, and acquired KRW 179,745,00 in total from that time until November 12, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the head of the accusation, the Kakakakao dialogue, the details of deposits, the details of each account transaction, and the report on investigation (Attachment to the Kakakao Stockholm dialogue sent and received by the

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Although the punishment is severe in view of the fact that the amount of the defendant's fraud of the reason for sentencing under Article 62 (1) of the Criminal Act is not a large amount of the punishment, it is necessary to punish the defendant seriously. However, the punishment is determined by taking into account all the factors such as the motive, means and result of the crime in this case, the circumstances after the crime, the age of the defendant, character and conduct, family environment, etc.

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