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(영문) 광주지방법원 해남지원 2017.01.19 2016고단454

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 31, 2015, the Defendant did not have money to pay the victim’s fee by stopping a mobile phone from the victim C’s house located in South-Namnam-Gun B before the lapse of August 31, 2015

It shall be paid with the loan of money.

“.....”

However, at the time, the Defendant had a certain amount of 40 million won with no income, and the Defendant had to repay all over 40 million won with the debt, so it was difficult to repay even if he borrowed money from the damaged party.

As above, the Defendant: (a) deceiving the victim; (b) received 2 million won from the victim’s seat to the new cooperation account under the name of the Defendant; and (c) obtained 21.8 million won from the victim through six times in total from November 18, 2015, such as the list of crimes in the attached Table of crimes, from November 18, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to a letter, a detailed statement of deposit transactions and a statement of details of transactions, the ledger of receipt, a written confirmation of deposit transactions, a detailed statement of deposit transactions, a detailed statement of deposit transactions, and a detailed statement of deposit transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. A favorable circumstance is that the defendant's decision of sentencing reflects his fault.

However, the defendant acquired money from the damaged person on several occasions, and the acquired money also is not sufficient.

In addition, considering the fact that the defendant did not completely recover from damage and did not receive a letter from the injured party, and that the defendant committed the crime of this case without being among those who had been punished for the same kind of crime, it is inevitable to sentence sentence.

specific sentence.