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(영문) 의정부지방법원 고양지원 2018.05.09 2018고단541
사기
Text

A defendant shall be punished by imprisonment for six months.

An application for compensation order shall be dismissed respectively.

Reasons

Punishment of the crime

On January 31, 2018, the Defendant made a false statement that, in order to raise money for sports entertainment in spite of lack of intent or ability to send goods even if he/she received money, he/she received money, the Defendant received KRW 180,00 from the Defendant’s account bank in the name of the Defendant, and acquired KRW 51,00 in total from the victim 52 times through 52 times in total, as indicated in the attached list of crimes, the sum of KRW 10,00 from December 23, 2017 to March 5, 2018, the Defendant received KRW 70,000 from the victim’s bank in the name of the Defendant, including the sum transfer of KRW 180,000 from the Defendant to the Defendant’s bank in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each damage inflicted on the part of theO, P, Q, Q, R, S, U,V, W, X, Z, AA, F, K, H, H, G,C, C, I, AE, AE, AF, AF, AI, AJ, D, D, K, J, AL, AM, AM, AM, AM, AP, AP, Q Q, ATR, AS, AU, AV, AV, AW, AX, AY, AY, and Z;

1. A petition filed by BA or B;

1. Each statement of transfer, each statement of transfer, each written confirmation of transfer, each statement of payment, each statement of payment, each statement of transaction, each certificate of confirmation of transfer, verification of remittance, inquiry of transaction details, and application of each statute on payment certificate;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Sentence of compensation order and provisional execution;

(a) Dismissal: Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (as regards applicants C, D, E, F, G, H, and I for compensation, the damage shall be repaid);

B. Dismissal: The grounds for sentencing of Article 32(1)1 and Article 26(1) (the scope of recommendations) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings [the grounds for application,J, K, and L after the closure of pleadings] [the scope of recommendations] of the basic area (six months to one year and six months] (special mitigation (a person)] of Article 32(1)1 and Article 26(1) (the grounds for punishment.

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