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(영문) 춘천지방법원 원주지원 2018.06.08 2018고단470
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 21, 2017, the Defendant made a false statement to the effect that “The Defendant would immediately pay the Plaintiff upon receiving a corporate employment card from a company with a loaning money, as it is necessary to get off the system,” by phoneing it to the other party C.

However, at the time of fact, the Defendant did not have a plan to find a job with the company under the system, and even if employed, it was not a situation in which a corporation card was issued. While personal debt was 30 million won, there was no particular property or fixed income, there was no intention or ability to repay the debt even if the Defendant borrowed money from the damaged party.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received KRW 52,000 on the same day from the victim to the Agricultural Cooperative account (E) in the name of the Defendant’s mothered D; (b) and (c) by deceiving the victim by the same method 19 times in total from October 14, 2017, as shown in the attached crime list, and acquired KRW 44,052,000 as a loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are in favor of the defendant. However, in light of the method and result of each of the crimes of this case, each of the crimes of this case is not likely to have been agreed with the victim despite the considerable period of time after the crime was committed, and all other circumstances, such as the motive and circumstance of each of the crimes of this case, the circumstances after the crime, the defendant's age, occupation, family relation, health status, etc., shall be determined like the order.

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