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(영문) 춘천지방법원 강릉지원 2013.10.15 2012고단79
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 2, 2011, the Defendant made a false statement to the victim C’s mother-friendly D, in the residence of the victim C, who was located in the Go Chang-gun, Jeon Chang-gun, Jeon Chang-gun, a police officer, stating, “The Defendant has a debt to be adjusted rapidly at the same time in the East Sea. A group of paid money is KRW 5-6 million, and if the money is lent, the Defendant would settle his/her debt and immediately set off his/her money. The Defendant would sell his/her bank at the present operation, 3 months after the payment is made, and he/she will complete the payment.”

However, in fact, the defendant did not act as if the victim were to marry with the victim in order to resolve the debt problem of the defendant on the premise of marriage, but did not have any intention to marry with the victim, and even if he borrowed money from others, he did not have any intention or ability to complete payment.

As such, the Defendant, by deceiving the victim as such, received 6 million won under the name of the victim as the borrowed money on February 18, 201, and 4 million won under the same name as of February 24, 2011, from the Defendant’s account in the name of the Defendant.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. C’s statement of the police interrogation protocol against the defendant

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act with respect to the facts constituting an offense;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of the recommended sentence on the sentencing guidelines [the scope of the sentencing guidelines] the basic area of the recommended sentence for the sentencing guidelines [the range of the recommended sentence for the sentencing guidelines], the fraud group, the general fraud, and the first category (less than 100 million won): Imprisonment with prison labor for six months -

3. Determination of sentence: The above sentence shall be determined in consideration of the sentencing factors which are favorable to the fact that the defendant was the first offender in six months of imprisonment and repaid KRW 970,00,000, and that the defendant escaped and did not agree, etc.

It is so decided as per Disposition for the above reasons.

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