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(영문) 대전지방법원 천안지원 2018.04.05 2017고단2746
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2015, the Defendant made a false statement to the purport that “The Defendant will complete payment to the Defendant who would pay off the same work staff D when there are circumstances requiring urgent money due to the situation of the house” in the official military unit located in Seosan-si, Seosan-si.

However, even though the personal rehabilitation has become final and conclusive due to excessive debts, the defendant was in a situation where he was required to obtain additional loans from a loan company other than personal rehabilitation debts due to losses caused by illegal Internet gambling and stock investment, and even if he was paid money from the victim as the borrowed money, he was thought to consume it through Internet gambling, etc. and did not have the intent or ability to complete payment to the victim.

As such, the Defendant, by deceiving the victim as such, received from the victim, KRW 3 million on April 9, 2015, KRW 1 million on April 27, 2015, and KRW 5 million on April 28, 2015, and received KRW 5 million on a total from April 9, 2015 to October 2016 in the same manner as the written list of crimes in the attached Table, respectively, and received KRW 4,585 million from the 15 victim in total from April 9, 2015 to October 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (each victim entered in the list of crimes in the annexed sheet);

1. Photographs of transaction details of withdrawals, inquiries about transaction details, details of entrys, inquiries about deposits/trust account, etc., and details of withdrawals;

1. Application of Acts and subordinate statutes on the list of individual rehabilitation creditors, the submission of a modified plan, the details of transactions of gold accounts, and the details of passbook transactions;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime. Article 347 (1) of the Criminal Act (Selection 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. Reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [the scope of the recommended punishment] The mitigated area (one month to one year) of Class 1 (the amount below 100 million won) [the person who is specially mitigated] [the decision of sentence] the details of the crime of this case, the method and amount of fraud, the victims are not punished, the reasons why the crime of this case was revealed, and the reasons why the crime of this case was revealed.

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