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(영문) 광주지방법원 순천지원 2014.08.26 2014고단784

사기

Text

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

Reasons

Punishment of the crime

The Defendant had no intention or ability to repay, even if he/she borrowed money from another person, due to the circumstance where all creditors, including the Defendant, including the on-date C, etc., have a debt of KRW 500,000,000,000,000,000,000.

Nevertheless, on May 13, 2013, the Defendant, at the main point of “E” located in Mineyang-si D, called “E” calls from the victim F, thereby making it necessary for the victim F to pay money from the customer in Korea, but all of the funds currently in Korea need to be paid in a bond-based manner. If the Defendant borrowed money to B, the Defendant would pay back all of the funds that he/she has paid after the three-month period, even if the bonds that he/she paid out are recovered.”

The Defendant, by deceiving the victim as above, received 30,000,000 won from the Defendant’s account of community credit cooperatives under the pretext of borrowing money from the victim.

From that time until July 20, 2013, the Defendant: (a) by deceiving the victims as shown in the list of crimes in the attached Form, received total of KRW 262,50,000 from the victims on a total of 16 occasions as borrowed money.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F, G, H, and I;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (to be comprehensively applied to each victim, with respect to the choice of imprisonment);

1. From among concurrent crimes, there are favorable circumstances such as the fact that the defendant is against the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, the primary crime, and the fact that the amount equivalent to the money obtained through deception is repaid, and deposit KRW 10 million for the victim F. However, even though the crime of this case was in excess of the obligation, such as the successful bid price that the defendant joined was spread and the obligation of several billion won is to be borne by many creditors, it shall be paid interest.