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(영문) 광주지방법원 2020.05.07 2019고단4260

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around November 15, 2017, the Defendant made a false statement to the effect that “The Defendant shall purchase excavation expenses to be sold, shall be repaid three months after lending money, and shall pay two copies per month interest.”

However, in fact, the Defendant did not have any way to raise funds any longer while putting his card price on the account of a majority, and there was no intention or ability to repay the borrowed funds in a normal manner.

Nevertheless, on November 17, 2017, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Agricultural Cooperative Account (Account Number D) in the name of the Defendant, and received KRW 42 million in total from the victim to November 29, 2018 in the same manner as shown in the separate crime list in the same manner.

Summary of Evidence

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

1. Statement of the police statement regarding C;

1. A complaint;

1. A copy of a name box, a certificate of borrowing, and a full certificate of each registered matter;

1. Contents of each text message extracted;

1. A detailed statement of transactions of deposits and a detailed statement of transactions of each automation machine;

1. Credit information history;

1. Application of Acts and subordinate statutes to a criminal investigation report (in the case of a complainant E - Submission of a detailed statement of deposit transactions), investigation report (F replys to A), investigation report (in the case of the NongHyup Deposit and Withdrawal of Agricultural Cooperatives in the name of

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent offenders, the scope of recommendation [decision of type] according to the sentencing guidelines for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be determined by the general fraud [Article 1] and there is no person who is less than KRW 100 million [specific person] [the scope of recommendation field and recommendation range] [the scope of recommendation field and recommendation range], the basic area of punishment, and the sentence of six to one year.