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(영문) 광주지방법원 순천지원 2016.01.29 2015고단611

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 25, 2013, the Defendant, who called the phone to the victim C and provided a complete payment until December 31, 2013, when he/she loans money to the victim C.

“The phrase “ was false.”

However, the defendant thought that he will use the borrowed money as a living cost instead of the business fund, and even if he borrowed money from the damaged person due to no particular property or income, he did not have the intention or ability to repay it.

As above, the Defendant: (a) by deceiving the victim as above; (b) 2.7 million won in the Agricultural Cooperative Account (D) in the name of the Defendant on the same day; (c) 26.5 million won in the same month; and (d) 2.4 million won in the total of 10.1 million won in the same month; and (c) acquired by transfer

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Statement made by the police against C;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports, certificates of entry and discharge, and copies of bankbooks;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction elements for sentencing guidelines: The scope of recommended sentences [the types of decisions] on the basis of sentencing guidelines [the scope of recommended sentences] [the scope of punishment] from June to June of the general fraud [the amount of punishment] in cases where there are the purposes of basic livelihood and medical expenses, etc. [the scope of recommended sentences] in the basic area [the scope of recommendation] in cases where there are the purposes of living and medical expenses, etc.

2. Whether a suspended sentence is suspended (major reasons for grace: negative reasons for grace): Before the same end (not more than five years, not more than a suspended sentence, or not less than three times), where the amount of substantial damage is considerably small, or where considerable damage is recovered (in cases of general circumstances: negative reasons for grace): lack of social ties, lack of efforts to recover damage (in cases of general reasons: positive reasons for grace): Where basic livelihood, medical expenses, etc. are for basic livelihood, medical expenses, etc., the health of the defendant is not very good;

3. The decision of the sentence has not been restored, the same criminal records are six times, and the criminal records of the suspension of the execution of imprisonment are disadvantageous to the defendant.