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(영문) 광주지방법원 2016.06.22 2016고단450

사기

Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the relationship between the victim C (n, 35 years of age) and the victim from January 2010 to May 2012.

On February 25, 2010, the defendant called the victim at the residence of the defendant in Gwangju Northern-gu 105 dong 406, and served as the public official of the educational office.

The third degree of relationship has been working in a post office, and the post office has been deposited, but the third degree of relationship can find the deposit only when it should be filled in money by embezzlement of the post office fund.

section 3.

In the event that a person lends money, he/she said that he/she will pay the money by finding a deposit after he/she repaid the embezzlement money.

However, at the time, the Defendant was not a public official working at the Office of Education, and there was no such case of embezzlement of deposits, and merely intended to borrow money from the injured party for repayment of debts and living expenses, there was no intention or ability to repay the money according to the promise, even if he received the money from the injured party.

The Defendant, as above, made a false statement to the victim, and acquired KRW 5,000,000 on the same day from the victim to the account in the name of the Defendant.

In addition, the defendant was granted a total of KRW 10,850,000 from around 13 times to November 7, 2012, by deceiving the victim without the intention or ability to repay, and received a total of KRW 1,862,020 on 21 occasions from around 201 to around 13 times as stated in the list of crimes in the separate sheet of crime in the name of borrowing from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of a bankbook, a statement of credit card use, and text message;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by complainants);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order of community service;