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(영문) 의정부지방법원 2019.08.30 2019고단2302
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 22, 2017, the Defendant: (a) paid interest every day to the victim C at the B apartment parking lot in Yangju-si; (b) paid the interest to the victim C; and (c) paid the amount of KRW 10 million. In the event of the said money, the amount of the said money would be the KRW 10 million; (d) paid the said money in lieu of the settlement; and (e) paid the child support to the Nam-si; and (c) paid the child support to the payment of KRW 100,000,000 per month, the Defendant made a false statement to the effect that the payment would be made from KRW 50,000 per month.

However, the defendant did not have the intent or ability to pay the money even if he borrowed money from the defendant because he was in a bad credit condition at the time and was an individual rehabilitation.

As above, the Defendant, by deceiving the victim, received KRW 2.6 million from the victim to the account under the name of D on the same day, and acquired money by remitting KRW 18.66 million through nine times from August 22, 2017 to October 24, 2017, as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police officer against the accused (second time, second time, and offense examination);

1. Statement of the police statement regarding C;

1. A complaint;

1. Application of Acts and subordinate statutes on financial transactions;

1. In cases where the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act with respect to the crime are comprehensively applicable, and where the same victim has repeatedly committed the same kind of crime in property crimes, such as fraud, under the single and continuous criminal intent, with respect to the same victim, such crimes may constitute a single comprehensive crime;

However, the issue of whether each crime constitutes a single comprehensive crime is subject to the application of a special law that requires aggravated punishment based on the amount of damage, etc. as well as the judgment of sentencing and the judgment of statute of limitations and res judicata until the judgment of res judicata has a significant impact on the defendant. Therefore, the judgment should be made carefully.

In particular, the unity and continuity of the criminal intent are the method and mode of individual crimes, the motive of the crimes, the interval between each crime and the time; and

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