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(영문) 창원지방법원 2019.05.17 2018고단2050
사기
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who had a relationship with the victim B from July 2017 to May 21, 2018.

Around September 9, 2017, the Defendant, at the victim’s residence at Changwon-si’s window C, concluded that “If money is lent to her mother and her mother, it would be repaid immediately.” However, upon receiving money from the victim, the Defendant was thought to use it as gambling funds, while there was no specific property, the Defendant did not have any intent or ability to repay the money even if she borrowed money from the victim.

As above, the Defendant, by deceiving the victim, received 340,00 won from the victim to the E bank account in the name of the Defendant designated by the Defendant, and acquired 52,57,000 won in total as the borrowed money from the victim from April 17, 2018 to April 17, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes on deposit lists and remittance transaction statement;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Reduction elements of less than KRW 100 million [Special Convicted Persons] below the amount of punishment according to the sentencing guidelines (the range of recommending areas and recommending areas), reduction area of punishment [the range of recommending areas and recommending areas] reduction area, one month to one year by imprisonment;

2. According to the decisions of sentence, the sentence shall be determined as ordered in full view of all the sentencing conditions shown in the records, such as the following circumstances and the age, character, conduct and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime.

Normals which are disadvantageous: The amount of money obtained by deception is significant, and the money for gambling shall be the money without the intention of repayment from the beginning.

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