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(영문) 광주지방법원 순천지원 2020.05.20 2019고단1999

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

Around January 29, 2015, the Defendant made a false statement to the victim C that “When he/she has received interest from him/her, he/she would be able to receive interest at 5% per month by delivering it to him/her, and if he/she has borrowed money to B, he/she would be able to receive interest at 5% per month.”

However, in fact, the defendant thought that he would use the money received from the victim as personal debt repayment and living expenses, and the defendant did not have the intention or ability to repay the principal and interest to the victim because of the difficulties in operating the money at the time.

Around January 30, 2015, the Defendant, by deceiving the victim as above, received 6 million won from the E bank account in the name of D as the borrowed money from the victim, and received 2,7250,000 won from the time on January 31, 2015 to the same account, and received 2,7250,000 won from the time on October 20, 2015, as indicated in the attached crime list, from the time on which the Defendant received transfer of 153,90,000 won in total in the same way as the borrowed money from October 20, 2015.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a notarial deed, a notarial deed, a statement of deposit transaction records, a statement of account transaction, and a statement of transaction of banks E in DF;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years.

3. Determination of sentence: The fact that the annual amount of damage per year by imprisonment is considerably large and the long-term amount of damage is not recovered is very negative.

However, the defendant paid some amount of damage to the victim as interest, and paid additional KRW 10,000,000 on May 15, 202, and the defendant.