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(영문) 서울북부지방법원 2017.10.26 2017고단3755
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around May 2010, the Defendant became aware of the victim while working as an employee in the food materials distribution company called the "E" located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, which is operated by the victim C.

On July 15, 2011, the Defendant would pay 10% of the monthly investment amount to the victim when he/she lends money to the victim at the above E-type material distribution office.

I would like to pay money through a person who wants to pay money.

The phrase “ makes a false statement.”

However, even if the defendant received money from the injured party, he thought that he did not have any intention or ability to pay the money, and used it for his own cost of living or other personal purposes.

Nevertheless, the Defendant, as seen above, received KRW 400,000 from the victim to the post office account under the name of the Defendant on the same day from the victim, as well as from January 4, 2014, a total of KRW 196,522,00 from that time until January 4, 2014, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A written contract for payment in cash, a letter of payment in cash;

1. Certificates of deposit transactions;

1. Application of Acts and subordinate statutes, such as the detailed statement of transactions in SC Il Bank and the detailed statement of transactions in IBK Bank;

1. There is no person who has no basic area (1 to 4 years) (1) [the person who is subject to special sentencing] in the basic area (1 to 50 million won) of the type (1 to 4 years), Article 347(1) of the Criminal Act, the grounds for sentencing of the sentence of imprisonment [the scope of recommendation] under Article 2 of the Act on Criminal Crimes, Article 347(1) of the Criminal Act, the grounds for sentencing of the sentence of imprisonment [the scope of recommendation] [the decision of sentence] [the defendant is

A defendant has no criminal punishment for the same kind of crime, and he/she has no criminal record other than a fine once.

However, the amount acquired by the defendant from the damaged person is not small.

Up to now, victims have not been recovered from damage.

All circumstances, such as these circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime, are comprehensively considered.

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