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(영문) 춘천지방법원 강릉지원 2019.09.26 2019고단783
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant and the victim B are the difference between the defendant and the victim B, which had been satisfyed through the Internet reinspection site around August 2018.

On August 8, 2018, the Defendant made a false statement to the victim that “Around March 8, 2018, the Defendant called “Around March 8, 2018, at the Defendant’s residence located in C, with phone calls from the victim that “A traffic accident occurred due to the shock of the driver while driving the vehicle at home, the other party’s hospital expenses and agreement is required. It is necessary to pay back if he

However, in fact, the defendant only caused minor accidents of contact with the victim, and even if he borrowed money from the victim, it was thought to use it as an individual debt, not a traffic accident agreement but a large amount of debt, and there was no intention or ability to repay the borrowed money due to the absence of a certain income.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1.7 million from the victim as the borrowed money on the same day to the D Association account (E) in the name of the Defendant, and acquired by transfer the total amount of KRW 2,365 million over 11 times by September 15, 2018, as shown in the attached crime list, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. An inquiry of details of financial transactions;

1. Details of deposit transactions;

1. Application of Acts and subordinate statutes to a report on investigation (to hear statements by a complainant);

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations] and the basic area of recommendations, six months to one year and six months;

2. Determination of sentence;

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