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(영문) 수원지방법원 성남지원 2016.12.16 2016고단3463
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around March 2009, the Defendant made a false statement that “B operates a furniture factory in the Yeongdong-gu Seoul Metropolitan Government, the head of the government is expected to receive compensation for the removal of the furniture complex. However, if there is no electricity charge and no cost of paying the factory tax, the Defendant would immediately repay the amount of compensation if it is lent to the government.”

However, the defendant did not operate a household factory, did not intend to receive compensation from the government, and even if he borrowed money from the victim due to bad credit standing, he did not have any intention or ability to pay it.

Nevertheless, the Defendant received five million won in cash from the victim around March 2009 and received a total of 85,000,000 won from around that time until July 11, 2013, as shown in the attached list of crimes, as shown in the attached list of crimes.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect against the accused (including the second cross-examination);

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a copy of a loan certificate, details of transactions in each account, copy of promissory note, or text message of each mobile phone

1. The reason for sentencing of Article 347(1) of the Criminal Act regarding criminal facts and Article 347(1) of the choice of punishment [the scope of recommending punishment] There is no basic area (6-100 million won or less) (6-100 million won or less) [the decision of sentencing] [the decision of sentencing], taking into account all the circumstances shown in the arguments of this case, such as the following circumstances, age, family relation, and tendency of the defendant, the sentence shall be determined as ordered.

The favorable circumstances: the defendant is divided into and reflected in his own crime, and the circumstances unfavorable to the defendant who has no criminal record of the same kind of crime: the total amount of damage reaches KRW 85,00,000.

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