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(영문) 광주지방법원 2020.10.21 2020고단4223

사기

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 1, 2019, the Defendant stated that “The Defendant loaned money to the victim B with the belief that he/she would try to make an in-house investment by having a socially-protected camping site in the Ilsan and Paju in Gyeonggi-do, and that he/she would have a more time to make an in-house investment since approximately two weeks after the second week, so he/she would have a more place on the principal.”

However, at the time of fact, there was no specific business plan for the establishment of the camping ground, and it was not possible to recover the investment money. Even if the Defendant received the borrowed money, he was willing to consume a considerable portion of the money due to the Defendant’s debt repayment and living expenses, and there was no intention or ability to repay the money because there was no particular property owned.

As above, the Defendant, by deceiving the victim as above, received KRW 5,00,000 in cash from the victim on January 15, 2019, and received KRW 5,00,000 from that time until May 29, 2019, and acquired KRW 40,000 in total nine times in the same manner as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (revision of the amount of damage and the list of crimes);

1. Investigation report (with regard to the revision of the date of crime on the list of crime and exclusion of 186,147 won from borrowed money);

1. Application of Acts and subordinate statutes to investigation reports (as a result of analyzing the use of borrowed money);

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of type] the general fraud [type 1] below KRW 100 million (special person] - The mitigation element: the mitigation area [the scope of recommendations and recommendations] mitigation area, the mitigation area, one month to one year [the general person in prison] mitigation element: The use of trust relation with a person [the grounds for suspension of execution of sentence] - The use of personal pride (the grounds for suspension of execution of sentence] - The main pride element shall not have any record of criminal punishment.

3. Determination of sentence: Imprisonment;