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(영문) 광주지방법원순천지원 2020.10.08 2018고단2674

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On May 18, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for fraud, etc. in the order of the Gwangju District Court, and the sentence became final and conclusive on March 30, 2018.

【Criminal Facts】

On April 2015, the Defendant stated to the victim B that “A living need not be paid by her husband, if her husband lends a card, he/she will pay the card price after using it.”

However, the Defendant, at the time, was in arrears with approximately KRW 36 million to the National Tax Service, and there was no special property, so even if using the victim’s card, the Defendant did not have the intent or ability to pay the price.

Nevertheless, the Defendant, by deceiving the victim as such, obtained a modern card with the victim’s husband C, and settled approximately KRW 23 million in total, around that time, and instead, did not repay the price. In addition, from around that time to December 2016, the Defendant acquired KRW 127,324,454 in total from the victim on 13 occasions through the same method as indicated in the attached crime list from around that time to December 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Previous records: Application of inquiry reports and investigation reports (formers and confirmations) and statutes, including criminal records;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, the criminal records of the defendant (the fact that no criminal records exist at the time of the crime of this case, equity in the case where the judgment of this case was rendered together with each crime). Each of the deceit methods of this case, the degree of damage to the victim and whether the damage to the victim were restored (the defendant has repaid reasonable money after the crime), the victim's intention of punishment, the user of the money by fraud, the circumstances after the crime (the defendant escaped in the trial process) were avoided the attendance of the trial date several times).