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(영문) 수원지방법원 성남지원 2016.04.22 2016고단490
상습사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On April 20, 2007, the Defendant would pay back the victim F working in Dong in Gyeongcheon-si Kim Jong-si, Kim Jong-do as “ soon as money is needed” to the victim F who is working in Dong.

“The purpose of “ was to make a false statement.”

However, the defendant had no intention or ability to repay the money even if he borrowed the money from the damaged party because he had attempted to acquire the money continuously by deceiving the victim's name by pretending that the cargo transport business was not well-owned due to the reason such as the breadth of oil at the time, etc.

Nevertheless, the Defendant: (a) by deceiving the victim as above and receiving KRW 800,000 from the victim to the post office account in the name of the Defendant; (b) and (c) received a total of KRW 159,452,755 from around May 5, 2015 to around 134 times, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant was delivered property by deceiving the victim habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant, F, or G by the prosecution;

1. Statement made by the police with respect to F;

1. A complaint (including evidential data attached to records of life, real estate register, and detailed statement of account transactions);

1. An investigation report (Attachment to a detailed statement of payment of principal and interest on loans), an investigation report (Attachment to a detailed statement of transaction in post office accounts in the name of A), an investigation report (F) (Attachment to a detailed statement of transaction in post office accounts

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency and period of crime, and the fact that the same kind of crime has been repeated for a long time;

1. Grounds for sentencing under Articles 351 and 347 (1) of the Criminal Act, comprehensively including the relevant legal provisions and the choice of punishment for the crime;

1. In cases of habitual offenders who are subject to the aggravated area (two and a half years to six years) (two and a half years) in the form of two types (one hundred million won or more, or less, and less than five hundred million won) of the recommendation sentencing guidelines, the scope of punishment according to the sentencing guidelines [the scope of the recommendation punishment] general fraud;

2. Circumstances unfavorable to a decision of sentence: The criminal defendant in this case.

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