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(영문) 광주지방법원 순천지원 2015.09.25 2015고단200

사기

Text

A defendant shall be punished by imprisonment for one year.

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

From the end of 2009 to June 2014, the Defendant purchased and sold the transaction by proxy of the “E company” operated by the victim D in Nam-gu, Incheon Metropolitan City.

On October 6, 2011, the Defendant, at the office of the above “E company,” concluded that “The PP, who is a workplace business employee in charge of settlement affairs with the Customer, sent the PP a PPP to the PP, who is urgently required to use the PPP to pay the PPP,” and that “The PPP would be deposited KRW 740,000 as soon as the PPP would be deposited into the G account.”

However, the fact did not have received the page from the customer, and the account of G was not the account of the customer, and the defendant was willing to arbitrarily consume the money by receiving the money.

Nevertheless, the Defendant, as above, received a total of KRW 186,60,70 from July 22, 2013 to a new bank account in the name of G on the same day, such as receiving KRW 740,000 from F, to a new bank account in the same day, and acquired KRW 186,60,70 in total from July 22, 2013 as indicated in the crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. The details of each account transaction and the application of Acts and subordinate statutes in connection with transfer results;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service and Criminal Act [Scope of Recommendation] General Fraud (at least KRW 100 million, less than KRW 500 million, and less than KRW 500 million): In a case where the first step increase (special mitigation) in the type of punishment is not granted or considerable damage has been recovered as a result of combination with the same competition, and where the defendant committed the instant crime for an unspecified or large number of victims or repeatedly for a considerable period of time (decision of sentence], the defendant committed the instant crime for a long time, and the amount of damage is also significant.