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(영문) 인천지방법원 2016.07.04 2016고단3128
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant borrowed the ordinary money from the victim C, which he became aware of while working as a store store store as the source of “B,” and was willing to acquire the money by deceiving the victim as the victim borrowed money as the victim did not lend the money any more because there are excessive amounts of the outstanding principal and the victim did not lend the money.

On August 30, 2010, the Defendant called the victim at the “B” store located in the Home Packer in Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon, and called the victim and called the victim “B, the owner of B, who works in the inside, has a lack of money to make up one store in the inside, e-mail.

We look at the money and request to do so.

D is well-owned and property, and funeral services are well-beingd and repaid.

The difference in the amount of money. At that time, five interest shall be paid and the principal shall be spared and 3 months shall be repaid.

section 3.

“The phrase “ was false.”

However, in fact, the owner B did not want to borrow money, and D only borrowed money at the request of the defendant, and the defendant did not have any intention or ability to repay the money even if he borrowed money from the victim.

Accordingly, the Defendant, by deceiving the victim as above, received transfer of KRW 5 million from the victim to the account under the name of D on August 31, 2010, KRW 4.5 million on September 1, 2010, KRW 23.9 million on October 14, 2010, KRW 200 million on December 21, 201, and KRW 2.4 million on March 1, 201, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C or D;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria: Areas of mitigation of general frauds below KRW 100 million (one to one year, and no penalty shall be imposed);

2. The amount of damage, the fact that the defendant recognized the crime and agreed with the victim while reflecting it, and that the victim wishes to have the defendant's wife.

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