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(영문) 의정부지방법원 2018.05.16 2018고단591
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On September 12, 2016, the Defendant made a false statement to the victim C before the branch office in Songcheon-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, stating that “The Defendant shall lend KRW 10 million to the victim C, who is obligated to repay the borrowed money from his/her birth, to the extent that he/she will repay it within two months.”

However, at the time, the defendant did not have any intention or ability to repay money in a timely manner even if he borrowed money from the damaged person due to very economic difficulties, such as having an individual debt worth KRW 20 million.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 3 million from the damaged party; and (c) received KRW 4.6 million on the same day; and (d) KRW 2.4 million on September 14, 2016 from each transfer to the Agricultural Cooperative Account in the name of D, and acquired KRW 10 million in total.

2. On October 5, 2016, the Defendant: (a) on the part of the Defendant: (b) around the Jinjin-gu Seoul Metropolitan Government Seojin-gu Seoul Metropolitan Government Demjin-gu Seoul Metropolitan Government (hereinafter referred to as the “Cukjin-gu Park”); (c) on the part of the Defendant: (d) “Around October 5, 2016,”

It was false that the debt is greater, and the loan is more than five million won, which would be repaid immediately after two months.

However, at the time, the Defendant did not have borrowed bonds to pay for the disc surgery expenses, and even if he borrowed money from the damaged party due to very economic difficulties, such as having an individual debt worth KRW 20 million, there was no intention or ability to pay the money at all.

Nevertheless, the defendant deceivings the victim as above and obtained the delivery of 5 million won from the damaged person to the third party.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Punishment by law: Imprisonment with prison labor for not more than 15 years;

2. Application of the sentencing criteria;

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