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(영문) 창원지방법원 2018.06.22 2018고단1072
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around December 6, 2013, the Defendant received KRW 10,00,00 from the injured party B with a telephone call, and received KRW 122 times in total from the injured party from 00,774,080,00 from 122 times in total from 00,000 to 30,000 in total from 20,000 in total from 20,000,000 won from 20,000 won from 30,000 in total from 20,000,000 won from 20,000 won from 20,000 won from 20,000 won from 30,000 in total from 20,000,000 won from 30,000,000 won in total from 20,000 in the list of crimes (2) to 30,000,000 won in total from 20,516,06.7.

However, the fact that the defendant did not have the money to recover in relation to the above C, and there was no intention or ability to repay the money even if he borrowed the money from the damaged party due to the lack of donation.

Nevertheless, the defendant deceivings victims to take the property by deceiving them as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, F, and G;

1. Each investigation report (to hear statements of the circumstances in which a complaint was filed, and to hear statements of the complainant;

1. A loan details (including accompanying documents), each H loan details (including accompanying documents), cash H liabilities (including accompanying documents), each I loan details (including accompanying documents), J loan details (including accompanying documents), and K loan details (including accompanying documents);

1. A copy of each loan certificate and letter of commitment;

1. Recording notes;

1. Application of each statute on filing of a complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense (with respect to each victim, each victim shall be punished by imprisonment with prison labor);

1. Grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes

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