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(영문) 서울동부지방법원 2016.05.11 2016고단812

사기

Text

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

Reasons

Punishment of the crime

On September 2012, 2012, the Defendant purchased golf memberships with the said money and did not have any intent or ability to repay the principal to the victim, even if he borrowed money from the victim E, the Defendant, at the early coffee shop near Gangnam-gu Seoul, Gangnam-gu Seoul, and the fact was planned to use it for his personal debt repayment and living expenses. As such, the Defendant purchased golf memberships with the said money, and then did not have any intent or ability to repay the principal to the victim. However, the Defendant is aware of the victim

F Golf membership rights and multiple membership rights are purchased less and then the profits remaining after the sale are returned, and the funds to purchase golf membership rights are borrowed."

The Defendant, as above, was issued KRW 130 million on September 7, 2012, through the dynamic securities account (G) in the name of the Defendant by deceiving the victim and deceiving the victim, and KRW 16 million on September 7, 2012, KRW 18.16 million on the same month, KRW 5 million on August 19 of the same year, KRW 5 million on October 5 of the same year, and KRW 130 million on the 111.4 million on the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Complaints of E preparation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The reason for sentencing of Article 347 (1) (Selection of Imprisonment) of the Criminal Act (the scope of recommending punishment) is [the scope of recommending punishment] of Article 347 (1) (Article 34) of the Criminal Act (Article 34 of the Criminal Act). The basic area (one year and 500 million won) (Article 1-4 of the Criminal Act) [the decision of sentencing] shall reach 130 million won, and the degree of deception, such as using most part of the debt repayment by the injured party immediately who received money from the injured party, is serious.

However, in light of good circumstances, such as the fact that the defendant commits the crime of death against the victim and is in depth and reflects on the depth of the defendant, the money was remitted to the victim around 35,90,000 won on around 20,000 won in total to the victim with deposit money, the repayment of 27,000,000 won in total to the victim with deposit money, and the fact that there is no other force of punishment in addition to two times of fines, the defendant is sentenced to imprisonment with labor for less than 1 year which is the lower limit