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(영문) 대전지방법원 서산지원 2017.02.09 2016고단833
사기
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

The defendant, on June 8, 2010, around 27, 2010, around 80, the new prisoner of war in Jung-gu Incheon, Jung-gu, Incheon, would allow the victim B to be transferred in the name of the apartment after five years if he/she lent the deposit to the Yeonsu-gu Incheon, and there is no money to pay the rent.

“The purpose of “ was to make a false statement.”

However, the Defendant had a debt worth KRW 60 million around that time, and the Defendant was thought to have lent money to a financial institution as collateral to repay the existing debt or to use it as living expenses, etc., and even if he/she borrowed money from the damaged party under the name of the lease deposit, he/she did not have any intent or ability to repay it. As such, it was impossible to continue to deposit the above lease deposit due to the existence of the above debt, such as being seized, and there was no intention or ability to transfer the above apartment name to the victim.

Nevertheless, around June 8, 2010, the Defendant, by deceiving the victim as above, obtained the delivery of KRW 100 million in total, 113 billion in cash and check, and cash, from the victim under the name of the Defendant, under the name of the new bank account (D) under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A copy of lease contract, loan certificate, contract for transfer of property right, or decision for provisional seizure of claims;

1. Certified copies of registers, details of transactions, and application of credit information replies statutes;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommending punishment] In general fraud, the sentence is not to be sentenced because damage has not been restored even after the lapse of a longer period of time (one year to four years) in the basic area (one hundred million won or more, or less).

The defendant's age, sex, environment, circumstances, means and results of the crime, which have recovered about KRW 3.4.6 million, and the defendant's age, sex, environment, circumstances and means of the crime.

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