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(영문) 광주지방법원 2019.03.21 2017고단5666

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On October 19, 2017, the Defendant was sentenced to four months of imprisonment for fraud and one year of suspended execution at the Gwangju District Court, and the judgment became final and conclusive on the 27th of the same month.

【Criminal Facts】

On September 7, 2016, the Defendant made a false statement to the victim C, who was taking a school system at the time of Gwangju North-gu, Gwangju, stating that “The Defendant borrowed a passbook of KRW 300 million to this mother because it is urgently needed to keep contact with him, and then borrowed a card. The amount of the card will be repaid monthly at the Korean hydroelectric and hydroelectric power plant.”

However, in fact, the Defendant did not work in the above power plant, and did not have certain income or assets, and the credit rating was 9 level and could not receive a loan. Therefore, the Defendant was the author to use the card borrowed from the victim for living expenses and entertainment expenses.

The Defendant received one copy of the victim’s DNA credit card from the victim at the victim’s seat, namely, using the credit card from around that time to September 18, 2017, and used the amount equivalent to KRW 6,207,659 from around that time, and acquired and used the credit card on a total of 21 occasions from around that time to September 31, 2017, and acquired and acquired the cash in a total of 67,609,164 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Certificate of income, details of transactions, and credit information;

1. Previous records: Criminal records, inquiry reports, judgments, and application of Acts and subordinate statutes governing the inquiry into consolidated cases;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the crime of this case is committed even while the defendant is tried for committing the crime with the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act two times.