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(영문) 광주지방법원 2017.06.15 2017고단177

사기

Text

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

Reasons

Punishment of the crime

around June 2012, the Defendant: (a) boarded and moving a motor vehicle from the adjoining area to the south Heung-gun; and (b) had been making a loan business to the victim B, and where there is little money due to his well being doing so, the Defendant would make an investment.

The interest higher than bank bills will be paid.

The principal may, at any time, be returned at any time at any time at the time when he/she reaches a friend, only one month before he/she reaches.

The phrase " was the attitude that seems to make profits through the lending business."

However, the defendant's wife did not engage in the loan business, and even if he did not receive money from the damaged party, he could not make profits through the loan business.

Nevertheless, on July 12, 2012, the Defendant: (a) by deceiving the victim as above; (b) received KRW 2.3 million from the victim to the national bank account in the name of the Defendant; and (c) received transfer of KRW 2.3 million from July 12, 2012 to October 14, 2013 in the same manner; and (d) received KRW 75 million in total from July 12, 2012 to October 14, 2013 as indicated in the list of crimes in the attached Form.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement in B);

1. Application of Acts and subordinate statutes on transactions of deposits and withdrawals;

1. The decision of sentence is made in consideration of the following circumstances and the defendant's age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the argument of this case as stated in the argument of this case, etc.: (a) there is no reason to impose the sentence of imprisonment [the scope of recommendation] under Article 347 (1) of the Criminal Act; and (b) the reason to impose the sentence of sentence of imprisonment [the scope of recommendation] under Article 1 of the General Fraudulent Act (from June to January 16).

The favorable circumstances: From the beginning of the investigation, it is against the time of committing the crime.

The extent of damage is significant, while it is based on the victim.