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(영문) 광주지방법원 2017.08.17 2016고단5062

사기

Text

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

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

Reasons

Punishment of the crime

On May 30, 2013, even if the Defendant received KRW 50 million from the Victim F in Jongno-gu Seoul, Jongno-gu, Seoul, from the Victim F on May 30, 2013, even if there was no way to increase the amount of KRW 30 billion within five days, the Defendant may increase the amount of KRW 50 million to the victim within five days on the face of the week.

Dr's buyer was replaced by nine.

“Falsely speaking,” i.e., 10 million won from the injured party, i.e., the face value of 10 million won at the face value, i.e., the delivery of 3 copies of the check at face value and 20 million won of the check at face value, and shall acquire 50 million won in total.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the prosecution against the F;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes governing certificates of custody, check number, and certificate of custody in cash;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Application of the sentencing criteria [Scope of the recommended punishment] General Fraud: (a) Special mitigation area (one month to one year) (person with a special mitigation] (1) where the victim is fully responsible for the occurrence of a crime or the expansion of damage; (b) Where the victim is also responsible for the occurrence of a crime or the expansion of damage;

2. The amount of deception obtained by deception has reached KRW 50 million, and even in 2001, the sentence is determined as ordered in consideration of the circumstances that are favorable to the fact that the execution of imprisonment is being carried out due to fraud; the victim does not want punishment; the victim does not want to obtain high profit within a short period; the victim is also responsible for the occurrence of damage; the defendant has committed a crime that is late later, and the defendant commits a crime that is contrary to the mistake; and the current health condition (under the process of the above cancer operation) is not good; and the execution of the sentence is suspended.