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(영문) 수원지방법원 안양지원 2015.09.24 2014고단1094
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 18:00 on August 27, 2013, the Defendant made a false statement to the effect that, even if he/she borrowed money from the victim from the victim in the French area, he/she did not need his/her father’s care, the Defendant would make payment without any intention or ability to do so, and that, even though he/she did not need his/her father’s care, he/she would make payment to the victim B within three days if he/she borrowed KRW 10,000,000 from the victim, and he/she continued to receive KRW 10,000 from the victim as a loan for the loan, and the fact at the same place on the same day on the same day on the same day and on the same day, the Defendant called the victim to the victim even though he/she did not have any personnel accident while working in the Chinese Vietnam, he/she would have received KRW 400,000 from the victim by borrowing money for 30 days or more.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes for transfer certificate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations: Imprisonment for not less than six months to not less than one year and six months;

(a) Type 1 basic area (less than KRW 100 million) for general fraud (six months to one year and six months);

(b) No special person;

2. In full view of the following factors: (a) even though the amount of the decision by fraud (total of 14 million won) is not so significant, no damage recovery was made at all; (b) the victim did not receive a letter from the victim; and (c) the conditions of sentencing, such as the Defendant’s age, character, conduct and environment, the sentence shall be determined as ordered.

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