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(영문) 의정부지방법원 고양지원 2015.04.24 2015고단560
사기
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From the end of December 2011, the Defendant made a false statement to the victim C, stating that “I will admit Isia as a scholarship student to the New York University,” and that “Is U.S. university will send KRW 5,000,000 and KRW 2,700,000,000, a semester, because Isia became final and conclusive.”

However, even if the defendant received money from the victim, the defendant did not have the intention or ability to admit the victim's children to the university in the United States, and was thought to use the above money as a scholarship student's living cost.

Nevertheless, on January 13, 2012, the Defendant, by deceiving the victim as above, took over KRW 7,700,000 from the victim to the corporate bank account under the name of the Defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the complaint and detailed statement of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The defendant has the same criminal records as the reasons for sentencing under Article 62(1) of the Criminal Act, and the fact that the pertinent damage was not completely recovered is disadvantageous to the defendant.

However, considering the fact that the defendant is aged and is against the crime of this case, the defendant was punished for fraud around 1991, and there is no specific record of punishment until now, the punishment as ordered shall be determined by taking into account all kinds of sentencing conditions, such as the amount of the money obtained through deception of this case, character and conduct of the defendant, environment, family relationship, relationship with the victim, circumstances after the crime.

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