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(영문) 광주지방법원 2020.05.21 2020고단369

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2019, the Defendant called on the Defendant’s home located in Gwangju Northern-gu C, that “The Defendant brought a bus to the victim B (Nam and 80 years of age)” by calling at the Defendant’s home located in Gwangju Northern-gu, and “I will complete payment after one month of the loan of KRW 5 million.”

However, in fact, the Defendant was thought to use the loan interest, credit card payment, and living expenses from the victim. It was false that it was necessary to pay a bus receipt and registration fee, and even if the Defendant borrowed money from the victim with a debt of approximately KRW 70 million, there was no intention or ability to pay it.

On July 15, 2019, the Defendant, by deceiving the victim, received money from the victim to the DNA account (E) in the name of the Defendant on July 15, 2019, and fraudulently acquired money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A complaint;

1. Details of transactions, certificates of transactions, and details of transactions in D accounts;

1. Data on credit transactions of the F Company:

1. Application of Acts and subordinate statutes to investigation reports (Attachment to credit information data of a suspect), investigation reports ( telephone conversations with a complainant), investigation reports (Attachment to a detailed statement of transaction of a suspect and to the borrowing place);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The punishment prescribed in Article 51 of the Criminal Act, such as the fact that the reason for sentencing under Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Sentence of Provisional Execution, and the circumstance after the crime is not good, the damage of the victim was not recovered, and the fact that the victim wants to punish the defendant's severe punishment, which is disadvantageous circumstances, such as the confession of the crime by the defendant, and the fact that the defendant is against the mistake, and that there is no criminal record exceeding the same kind of punishment and fine, shall be the amount obtained by fraud, and other favorable circumstances, such as the age, character and conduct, environment, motive of the crime, and the circumstances after the crime.