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(영문) 광주지방법원 2020.12.24 2020고단4744

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 27,500,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[Criminal Power] On December 4, 2015, the Defendant was sentenced to six months of imprisonment for occupational embezzlement at the Gwangju District Court, and was released on April 29, 2016, and the parole period expired on June 3, 2016.

【Criminal Facts】

On February 7, 2017, the Defendant called the victim B by telephone at a place where he was unaware of the place, and concluded that “I will receive money from other siblings while I go to the prison. I would have to receive money again. I would have to receive a lawsuit, and if I would have borrowed one million won, I would have to receive a legacy by inheritance.”

However, in fact, the father of the defendant died on March 1, 2005, and the inherited property was no longer inherited property due to the fact that E, who is the mother of the defendant, did not have any remaining property in the course of raising the defendant. Therefore, even if he borrowed money from the victim, he did not have the ability to complete payment or to complete payment.

Nevertheless, on February 7, 2017, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim with a new bank account (F) in the name of the Defendant from the victim as the borrowed money. From that time to September 3, 2018, the Defendant acquired the total of KRW 27,500,000 through 22 times in the same manner as indicated in the attached Table “crime List” from September 3, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A detailed statement of the electronic financial substitute account and a certificate of borrowing;

1. The investigation report is made by the A mother E investigation;

1. Investigative report (A's father's G certificate, etc.) is attached;

1. Criminal records as stated: Application of criminal records, inquiry reports, and investigation reports (prior convictions for repeated crimes) or statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 25(1)1 and Article 31(1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;