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(영문) 서울동부지방법원 2019.07.18 2019고단448
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 25, 2017, the Defendant made a false statement to the victim B, stating that “A deposit of KRW 150 million is offered as security, with a deposit of KRW 60 million, and a deposit of KRW 60 million is to be repaid without a mold until September 30, 2017,” by posting a phone to the victim B at an infinite place.

However, the Defendant had no intent to provide the victim with the deposit deposit of KRW 150 million at the time. The Defendant had no intent to provide the victim with the credit rating of KRW 25 million or more with the loan company, etc., and even if he/she borrowed money from the victim due to the lack of any specific income and property, he/she did not have any intent or ability to complete payment.

Nevertheless, around June 26, 2017, the Defendant received KRW 60 million from the victim to the Cbank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Credit information about the suspect A;

1. Application of Acts and subordinate statutes to recording or recording files;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the Criminal Act that is disadvantageous to the reason for sentencing: The amount of deception does not completely recover from damage despite the amount of deception, and circumstances favorable to the defendant that have the record of punishment for fraud: The defendant repents and reflects his/her mistake, and takes into account the defendant's age, character and conduct, motive, means and consequence of the crime, and the conditions of sentencing as shown in arguments, such as the circumstances after the crime.

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