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(영문) 수원지방법원 2017.12.15 2017고단4090
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 1, 2016, the Defendant called the victim B, who is the vessel of a university, to pay off the amount with the amount that he/she entered on November 7, 2016, if he/she lends the amount of KRW 30,000,000,000, which is urgently needed to operate his/her individual business.

“A false statement” was made.

However, the Defendant, at the time of retirement from the company, did not have any particular income in the absence of any personal business, and was thought to use the money borrowed from the injured party as money for gambling, so even if he borrowed money from the injured party, there was no intention or ability to repay the money by the time of the change.

After all, the Defendant received from the injured party a transfer of KRW 17,691,123,11,308,877, a sum of KRW 29 million from the Korean bank account (Account Number) in the name of the Defendant on the same day.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on the details of entry and departure transactions, each letter, process deed, and account transaction;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reasons for sentencing of sentence of imprisonment [general fraud] - The sentence of sentence of imprisonment 1 (under KRW 100,00) is to be imposed in the basic area (within six months - one year and six months) - the victim by deceiving him/her for the purpose of repaying gambling or gambling. In short, the motive and method of the crime are poor. The victim does not have to recover from damage or reach an agreement even after a long time period of time. The victim is not a favorable situation. There is no other favorable circumstance to recognize the crime. The crime is recognized. The punishment of imprisonment is not imposed in consideration of the above circumstances, Defendant’s age, sex, motive and means of the crime, result, circumstances after the crime, etc., and other various sentencing conditions such as punishment of imprisonment until a final and conclusive judgment is made, but the legal detention is not imposed so that he/she can make efforts to repay the amount by the time of the judgment.

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