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(영문) 광주지방법원 해남지원 2021.03.25 2020고단231

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2016, the Defendant would repay the victim’s “D” restaurant operated by the Victim C in Jindo-gun, Jindo-gun, Jindo-gun around December 6, 2016 to the extent that the victim leased KRW 3 million to require money due to that reason.

“The purpose of “ was to make a false statement.”

However, at the time of fact, the Defendant did not have any intent or ability to repay the debt in time, even if he borrowed money from the injured party, because the Defendant had a considerable amount of 30 million won and the Defendant’s restaurant operated was not able to pay monthly rent due to the lack of profits.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained money from the victim to the E bank account (F) in the name of the Defendant on the same day from the victim; and (c) obtained money from the victim as the borrowed money; and (b) obtained money from December 30, 2016, totaling KRW 32,470,000 from that time to December 30, 2016, by means of the same method as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Investigation into and reporting on the details of deposits and transactions in police statements made by the defendant to victims C at the court's statement or accusation (Attachment of data, such as credit information on the suspect), and application of credit rating information-related statutes

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] The general fraud [type 1] and there is no person who is less than KRW 100 million [the territory of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation, six months of imprisonment through one year and six months of June.

3. Determination of sentence: Ten months of imprisonment, and two years of suspended sentence, the amount acquired by the defendant through the crime of this case shall not be stated;

The amount of the defendant's compensation for the victim is extremely minor, and the victim is punished for the defendant, and the defendant is punished for the crime.