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(영문) 광주지방법원 순천지원 2019.05.15 2018고단2266

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On February 12, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud in the pure Support of the Gwangju District Court in Gwangju District Court, and was released on July 30, 2015 during the execution of the sentence, and completed the parole period on August 14, 2015.

【Criminal Facts】

The defendant came to know through a golf gathering with the victim B.

On January 2017, the Defendant stated that “The Defendant would complete payment after the month, 15 million won, on the ground that there is a mutual influent restaurant located in the Hacheon-si, Hacheon-si, that “The Defendant would operate the Madro Madro Madro Madro Madro Madro Madro Madro Madro Madro Madro Madro Madro Madro.”

However, even if the defendant borrowed money from the victim, he did not think that he will be used as a factory investment fund for rice mill, and there was no fixed income, and there was no intention or ability to repay the money to the victim.

Nevertheless, the Defendant deceptioned the victim as above, and was transferred to the E Bank Account (F) in the name of Defendant Dong Jae-in, the total sum of KRW 20 million from the victim to KRW 15 million on February 20, 2017, and KRW 5 million on March 3, 2017.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (refence, confirmation, etc. of repeated crimes), one copy of personal confinement status, and application of Acts and subordinate statutes of each judgment;

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

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is that the defendant recognized the crime and reflects the fact that the defendant paid three million won out of the amount of damage, etc., or the defendant committed the same crime during the period of repeated crimes, and the amount of damage is not significant, etc., and other unfavorable circumstances such as the defendant's age, character and behavior, environment, occupation, etc.